ABSTRACT
In the last few decades, judicial control of the constitutionality of laws has come to be seen as an essential element of the rule of law and as a valuable instrument for democratic transition and consolidation. Without it, we are told, individual rights guaranteed by constitutional charters-a cornerstone of democracy-are worth less than the paper they are written on, because there would be no enforcement against abuses that even democratically elected governments often inflict on minorities and individuals. Accordingly, it has become natural to expect democratic regimes-old and new-to adopt constitutional courts or to give their regular judicial branches the power of controlling the constitutionality of laws and executive action. This trend has reached a global scope, with constitutional review introduced in states as different as Mongolia, Portugal and Chile.
