Legal Question in Criminal Law in Texas

Hmm...this sounds a lot more like an exam question to me than a question that would be asked by someone with a pending legal matter. Basically, the Legislature gets to make the laws, but the judiciary can, if asked, review a law to make sure that the law does not violate any constitutional mandates. A law that was, for example, too vague to make sense to someone trying to figure out whether certain conduct would potentially violate it would be subject to judicial review, as would one which interacted which another law in such a way that it allowed no reasonable way to comply with both laws. Judicial review would be the way to resolve both of those problems, but not the way to resolve an issue along the lines of whether marihuana should be legalized--that would be something the Legislature, as the representatives of the people of this state, would have to determine.

A shorter answer is that the courts have the power to review statutes in cases brought before them (judicial review) and find that all or a portion of a statute is unconstitutional and thereby repeal it. Over time this limits the legislature to enacting only laws that are constitutional, however there is a delay in between the time a statute is enacted and the time it is brought before the courts..