The nucleus within the present article resides in the fact that there is no democracy whithout the right to resist to anticonstitutional decisions. In other words, there is no rule of law in the absence of resistance as a social/judicial phe-nomenon. Many researcheres concluded the fact that the most important guarantee of a democratic state is the existence of a constitution which dictates the social structure of the nation. The present article disagrees with that statment, pro-ving the fact that the real essence of a democratic system is the right of the people, from a given state, to opose decisions enforced by the government, decisions which are clearly limiting their basic rights and freedoms. Another direction of study which the present article explores, is the idea that the right to resistance is part of the ”natural rights” judicial concept, which preceded the ”fundamental human rights” concept, on which the modern society relies on today. The third and final direction of study, is the idea that all modern/democratic constitutions must include the right to resistance as one of the basic rights of a citizen. No constitution can be considered as truly democratic, in the absence of the right to resistance as a fundamental right.