Judicial review of constitutional amendments: a legitimate defence of democracy through a counter-majoritarian power?

Abstract

This paper aims at addressing a subject that according to the arguments exposed, there in, conforms a subtle constitutional paradox: the conceptual tensions in the democratic principle that arise with the creation of an instrument that is as necessary as it it is problematic such as the judicial review of constitutional reforms by a counter-majoritarian body. (i.e. the constitutional court).