论法的合法性来源——兼论法院的司法审查制度

On the Legal Origin of Law-A Discussion of Judicial Review System in Court

法的合法性问题是法学科中一个本源性问题,其学术指向在于探究法的终极本源。法的合法性是法之所以为法的内在根据,是法之所以被遵守的原因,是法得以良性运行的基础与前提。法的合法性问题不仅仅是一个理论问题,也是一个与法律实践密切相关的现实问题。

The legality of law is a basic issue in the science of law and its academic study is directed to the study of the legal origin of law. The legality of law is the inner base for law to exist and for people to adhere to and it is the base and prerequisite for the operation of law. The legality of law is not only a theoretical issue but also a factual issue which is closely related to legal practice.