What principle allows the courts to assess the constitutionality of laws?

The principle that allows the courts to assess the constitutionality of laws is Judicial Review. This concept was established by the landmark Supreme Court case Marbury v. Madison in 1803, which confirmed the judiciary's power to examine laws and executive actions to determine whether they comply with the Constitution. Through Judicial Review, courts can invalidate legislation or government actions that they find incompatible with constitutional provisions, thereby serving as a key mechanism for upholding constitutional governance and protecting individual rights.

The other principles listed play different roles within the framework of government. Separation of Powers refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. Checks and Balances is the system that ensures that no one branch of government can dominate or overstep its authority, as each branch has the ability to limit the powers of the others. Due Process is a legal principle that protects individuals from arbitrary deprivation of life, liberty, or property by the government, ensuring fair treatment under the law. While these principles are integral to the functioning of government and the legal system, they do not specifically empower courts to evaluate the constitutionality of laws, which is the essence of Judicial Review.