The protection of fundamental rights and constitutional review in contemporary democratic States

Abstract

In contemporary democratic States, the protection of fundamental rights requires institutional mechanisms capable of limiting public power and ensuring constitutional supremacy against legislative, administrative, or judicial decisions that are incompatible with the constitutional order. This article aimed to analyze, through a bibliographic review, the relationship between constitutional review, democracy, and the protection of fundamental rights. The research was developed under a qualitative, documentary, and exploratory approach, based on the review of academic books, scientific articles, book chapters, institutional reports, and comparative studies on constitutional justice, judicial review, democratic legitimacy, separation of powers, and the rule of law. The results show that constitutional review performs a protective function by safeguarding rights, correcting majoritarian abuses, preserving minorities, and confronting processes of democratic erosion. However, it also creates tensions when political deliberation is excessively transferred to unelected judicial bodies. It is concluded that constitutional review is not contrary to democracy, but rather a condition of its constitutional dimension, provided that it is exercised with judicial independence, rigorous reasoning, institutional prudence, reasoned deference, and openness to dialogue among courts, legislators, and citizens.