Constitutional review of laws in terms of the rule of law

The Rule of Law first appeared in the XIXth century as a concept. But as a political ideal it is well known since the first ages. Today, the rule of law is characterised with a supremacy of a constitution, compatible with constitutionalism. The concept is used as Rechtsstaat in Germany and as état de droit in France, due process in the United States and the rule of law in Great Britain.Since the late XXth century, it is supposed to be the best way to realize the rule of law is judicial review (constitutional review). In comperative law, the judicial review of laws is seperated into two: The centralized judicial review and the decentralized judical review.In the former, the constitutionality is supervised by a special tribunal but the latter, the (un)constitutionality is declared via justice courts. Constitutional review is the constitutional way of restricting the political power and preserving the fundamental rights; the guarantee of the individualism; certainty and the predictability of the law and is an instrument for the social compromise.The importance of the constitutional review in protecting the democratic principle is also expressed. But an objection against the judicial review is focused on the counter-majoritarian character of the judicial review. Even today, democracy does not mean any unlimited majorities but a government of a restrained majority; thus it is normal for judicial review to be described as counter-majoritarian. However, it is judicial self-restained and a right-based jurisdiction prevents the judicial review to turn into a juristocracy.Key Words: 1) The Rule of Law, 2) Judicial Review,3) Supremacy of the Constitution.