Abstract:
This study is a recent attempt to reclassify judicial control over the constitutionality of laws,
focusing in fact on the matter of who has the final decision on the validity of the legislation:
the constitutional judge or the legislator or the power of amendment In some countries,
the judge cannot rule out the repeal of the legislation, but only with the incompatibility of
the constitution, so that the final decision is left to the ordinary majority in parliament. This
is what we call weak judicial control , In most countries, the constitutional judge has the
power to repeal the legislation, but it is difficult to overturn this decision by amending the
constitution only with a parliamentary supermajority or referendum, which we called strong
judicial control. In some countries, the judge, even if there are no clauses prohibiting the
amendment, can draw the constitutional identity or the basic structure of the constitution
through which the judge can cancel the constitutional amendment that violates this structure
This is what we have called the control of the doctrine of strong basic structure. In other
countries there is the doctrine of the basic structure and judicial control on the application of
this doctrine in the face of the power of amendment, but the original constituent power can be
canceled by Constituent Assembly which can replace the Constitution with a new constitution
is different from what we called the control of the doctrine of weak basic structure. This
classification actually helps to build a model of strong constitutional judiciary independent
of other political powers so that the constitutional judge can abort any attempt to destroy or
weaken the democratic constitutional doctrine.