The undemocratic core of the political constitutionalist case against judicial review

Endorsement or critique of constitutional review through courts are 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, that do not limit, but constitute a political process. But 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.