THE THEORIES ON THE COLLISION OF TRADITIONAL AND JUDICIAL CONSTITUTIONALISM IN THE UNITED STATES OF AMERICA

Abstract

The phenomenon of judicial supremacy is subjected to criticism of the traditional views on the
constitutionalism in the USA. It seems that the clash between the concept of separation of
powers on the one hand vs. the role of the courts in interpreting the "invisible constitution" on
the other hand still occupies the American scientific community. There is still an impression that
it is not ready to propose fundamental changes in the system, so today the judicial supremacy, as
a replacement for the judicial review of constitutionality, is considered as the guardian of the
Constitution, guardian of the individual rights and guardian of the rights of the minorities. These
are basically the values of which no one wants to give up, no matter how much the ambition of
the judicial power and its involvement in the political gaps is being criticized.
This paper will provide an overview of several theoretical perspectives aimed at conforming
judicial review of constitutionality, even though its radical extension in the form of judicial
supremacy, judicial activism and judicial paramountcy and the established system of
organization of powers.