论美国司法审查对权力制约的价值

On American Judicial Review Value of the Constraint on Power

美国是西方最早建立司法审查制的国家。自1803年美国"马伯里诉麦迪逊案"后,美国司法审查制正式确立。该制在有效地制约了立法权与行政权,维持国家权力均衡状态方面,发挥了至关重要的作用。同时,它对世界各国宪政及权力监督制度产生了深远的影响。

The United States is the first western country to establish the system of judicial review. After Marbury had sued the case of Madison in the United States since 1803, the United States formally established the system of judicial review. The system has been ef- fectively restricting the legislative and executive power. It has been playing a crucial role to maintain an equilibrium state of the state power. At the same time, it has far-reaching influence to the constitutional government in all countries and the power supervising system.