试论美国司法审查制在权力监督中的作用

The View of the Role of American Judicial Examination System on the Supervision of Power

美国是西方最早建立司法审查制的国家。自 1 80 3年美国联邦最高法院审理“马伯里诉麦迪逊案”后 ,美国司法审查制正式确立。该制在实现美国宪法分权制衡原则方面 ,发挥了至关重要的作用。它是美国权力监督机制有效运转的关键所在。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 country establishing the judicial examination system in Western countries. American judicial examination system was officially established after the judgment on 'Marburge v. Madison' tried by the Federal Supreme Court of the U.S. in 1803. The system has played an important role in realizing the principle of restriction by divided power in American Constitution. It is the key to the effective operation of supervisory system of American power. At the same time, it has produced a profound effect on the supervisory system of power and constitution government all over the world.