Revista da EMERJ - V. 21 - N. 3 - Setembro/Dezembro - 2019 - Tomo 1

 R. EMERJ, Rio de Janeiro, v. 21, n. 3, t. 1, p. 55-71, set.-dez., 2019  58 TOMO 1 adjudication is to enforce constitutional law vis-à-vis government. This implies judicial review of political acts including legislation. However, constitutional courts or courts with constitutional jurisdiction cannot fully compensate for the weakness of constitutional law. Since the power to use physical force remains in the hands of the political branches of government, courts are helpless when politicians refuse to comply with the constitution or disregard court orders. But apart from this situation, which is exceptional in a well- functioning liberal democracy with a deeply-rooted sense for the rule of law, it makes a difference whether or not a political system adopts constitutional adjudication. Even a government that is generally willing to comply with the constitution will be biased regarding the question of what exactly the constitution forbids or requires in a certain situation. Politicians tend to interpret the constitution in the light of their political interests and intentions. In a system without constitutional adjudication usually the interpretation of the majority prevails. In the long run this will undermine the achievement of constitutionalism. By contrast, in a system with constitutional adjudication an institution exists that does not pursue political intentions, is not subject to election and specializes on constitutional interpretation in a professional manner. It is thus less biased and can uphold constitutional requirements vis-à-vis the elected majority. Even more important is the preventive effect of constitutional adjudication. The mere existence of a constitutional court causes the political majority to raise the question of the constitutionality of a political measure quite early in the political process and in a more neutral way. It observes its own political plans through the eyes of the constitutional court. Hans Kelsen, whom the Israeli Supreme Court quotes approvingly in the Mizrahi opinion, may have exaggerated when he said that a constitution without constitutional adjudication is just like not having a constitution at all. There is a number of long-established democracies where the constitution matters even though no constitutional review exists. Here constitutional values have become part of the legal and political culture so that there is less need for institutionalized safeguards. But for the majority of states, in particular for those who turned toward