Which branch of government typically holds the power of judicial review?

The judicial branch holds the power of judicial review, which is the ability to interpret laws and assess their constitutionality. This power allows courts to examine actions taken by the legislative and executive branches to ensure they comply with the Constitution. Judicial review is crucial as it serves as a check on the powers of the other branches of government, thereby safeguarding rights and maintaining the rule of law. This process was firmly established in the United States through the Supreme Court case Marbury v. Madison in 1803, which set a precedent for reviewing and possibly overturning laws that conflict with the Constitution.

In contrast, the legislative branch is primarily responsible for creating laws, while the executive branch enforces those laws. State governments have their own judicial systems, but the specific power of judicial review at the federal level is reserved for the judicial branch. Thus, the judicial branch embodies the role of ensuring that laws and actions remain within the boundaries set forth by the Constitution, validating its importance in maintaining the balance of power within the government.