Examining the Foundations of the Democratic Validation of Constitutional Review

The legitimacy of the Constitutional review authority contributes to its validation and status. This matter most likely convinces all the public and private persons to respect its decisions and also affects its efficacy. Therefore, it is not only useful but also essential to prove the legitimacy of Constitutional review. Accordingly, the question is that although this entity isn’t directly elected, how it can have legitimacy? The assumption of this article is that in spite of such status, the democratic legitimacy can be also produced indirectly and determinant scientific solutions are presented to prove such legitimacy. Reforming the democracy, a historical viewpoint toward the emergence of the Constitutional review entity, the goals of the democracy, respect for minority rights and denial of the tyranny of the majority, and the impossibility to legitimize all the political institutions through direct democracy are as the most important elements which are emphasized in this article as the legitimating mechanisms of the Constitutional review entity. By the way, this article seeks to solve the doubt of incompatibility of democracy with Constitutional review.