Judicial Review and Constitutional Longevity

With the rise of a new constitutionalism, mostly in the Twentieth century, it is remarkable the global expansion of judicial review, developing the idea that the Judiciary branch has the power to say the last word on moral and political issues, affecting the democratic principle. Notwithstanding, constitutional longevity does not come just from formal procedural judicial decisions, but rather, it must be built on a democratic order. Consequently, it is not simple to solve this apparent conflict between judicial power and democracy to support a constitutional longevity. However, taking into consideration that judicial decisions are developed in light of constitutional matters, constitutional longevity depends on the rules established by judges related with the community inclusion in the constitutional design, rewriting permanently the meaning of the constitution. Thus, this dialogical perspective brings the balance among democracy, juridical strength and constitutional stability.