The principle of judicial review stems from what fundamental concept?

The principle of judicial review stems from the concept of separation of powers, which is fundamental to the U.S. governmental system. This principle establishes that the three branches of government—the legislative, executive, and judicial—each have distinct powers and responsibilities, and it is crucial to maintain a balance among them.

Judicial review, the authority of the judiciary to review laws and actions of the executive and legislative branches for constitutionality, is essential in ensuring that no branch exceeds its authority or infringes upon the rights protected by the Constitution. By allowing the courts to interpret and declare laws unconstitutional, the separation of powers serves as a system of checks and balances that prevents any one branch from becoming too powerful.

This concept is rooted in the desire to protect individual rights and maintain the rule of law, ensuring that all government actions are subject to legal scrutiny. Understanding how judicial review operates within this framework highlights its importance as a safeguard against abuses of power and underscores its role in upholding the Constitution, thereby preserving democracy and protecting citizens' rights.