Endorsement or critique of constitutional review through courts is often the central issue that separates political from legal constitutionalists. One may understand the critique of constitutional review as a core topic of political constitutionalism, a model that emphasizes that constitutions are not merely supreme statutes, but political documents. Given the fact that the constitution-giving and constitution-amending assembly is itself a political organ, it is far from clear how far this general point can lead. It may well be the case that a political community makes a political decision in favor of legal constitutionalism. Constitutions, then, become constitutional law, and this law is not the product of public reason, but of a political decision. This means that the democratic core of the case against judicial review might not be as democratic as it seems.
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