Bar Exam Practice Questions

What is the purpose of judicial review?

1. To create new legislation

2. To interpret the law

3. To review and check other branches of government for constitutionality

4. To enforce the decisions of lower courts

The correct answer is: To review and check other branches of government for constitutionality

The primary purpose of judicial review is to review and check the actions of the legislative and executive branches of government to ensure that they comply with the Constitution. This power allows the judiciary to invalidate laws and executive actions that are found to be unconstitutional, thereby upholding the rule of law and protecting constitutional rights. Judicial review serves as a crucial mechanism for maintaining the balance of power among the branches of government, ensuring that neither the legislative nor the executive branch oversteps its authority. While other options present relevant judicial functions, they do not capture the essence of judicial review. For example, creating new legislation is solely within the legislative branch's purview and not a role of the judiciary. Interpreting the law is an important aspect of the judicial function, particularly in the context of specific cases, but it does not encompass the broader purpose of reviewing the constitutionality of governmental actions. Enforcing the decisions of lower courts is also a judicial function, yet it pertains more to the application of existing law rather than the review process itself. Thus, the distinctive role of judicial review lies in its constitutional oversight responsibilities.