To review is democratic: the defense of constitutional jurisdiction in times of crisis

Abstract

The role of the supreme courts has become the target of political and rhetorical attacks in many contemporary democracies. In Brazil, criticism of constitutional jurisdiction has intensified in recent years, especially regarding judicial review of normative acts issued by the Executive and the Legislative. This article analyzes the Judiciary’s role as a legitimate instance for the constitutional control of laws, grounded in the principles of constitutional supremacy and separation of powers. It is based on the hypothesis that judicial review is not a democratic deviation but a core expression of constitutional democracy itself. Through theoretical and doctrinal review, the study examines the historical, philosophical, and institutional foundations of constitutional jurisdiction and addresses critiques of its legitimacy, proposing that judicial control is an essential safeguard against authoritarian drifts and temporary majorities. The conclusion affirms that reviewing is indeed a democratic act, especially in times of institutional crisis.