The present study develops a philosophical conception of judicial supremacy, in the ontognosiology level. Observing this legal-political phenomenon in its core, we defend that the abstract conception of judicial supremacy can be obtained by an exam of hypothetical situations corresponding to potential approach or potential removal factors of a judicial superiority before elected branches. In this sense, it is possible to consider at least four factors: (1) the well-functioning of the elected branches; (2) the well-functioning of the judicial activity; (3) the commitment with rights; and (4) the moral disagreement on the content of rights.
Judicial Review; Judicial Supremacy; Institutional Design