The Relationship between Democracy and Constitutional Review (Case Study of the United States of America)

One of the foundations of constitutionalism is the Constitutional review. The review is arised from two necessities: the hierarchy among resources and the supremacy of the Constitution. This has prevailed in two forms of the American and European model; the first by means of judicial entities and the latter by non-judicial ones. The existential philosophy of the Constitutional review entity has caused abundant debates, especially in the American tradition. The main question of this article through an analytic-descriptive method is to examine such debates and their reasons for devolving the review of the constitutionality of a popular and elected entity to a limited and non-elected authority in the American system. The opposition to the majority principle, opposition to the general will of the people and change in the concept of democracy are the main reasons of the opponents. The proponents emphasize on compatibility with democracy and majority principle and conceptual evolution of rule of law and guarantee of the rights.