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合宪性推定原则(Presumption of Constitutionality)意旨在发生具体宪法案件时,在审判逻辑上应主动推定该立法合乎宪法,除非有明显的事实可以认定其违宪。合宪性推定原则目前在各国司法实践中不断得以蓬勃发展。“所有的法官,不管他们的立场有何不同,都已经一致同意合宪性推定原则。法官在宪法案件的推理过程中也已经习惯使用合宪性推定原则。当立法受到宪法的挑战时,法官们也已经把合宪性推定作为判断的原则之一。”~①但是从合宪性推定原则的形态来看,合宪性推定原则广泛适用于经济自由规制
Presumption of Constitutionality (Presumption of Constitutionality) means that in the event of a specific constitutional case, the trial logic should proactively presume that the legislation is constitutional unless there is obvious fact that it can be found unconstitutional. At present, the principle of presumption of constitutionality is constantly booming in the judicial practice in various countries. “All judges, no matter their differences in position, have all agreed on the principle of presumption of constitutionality, and judges have also been accustomed to using the principle of presumption of constitutionality in the process of constitutional reasoning.When legislation is challenged by the constitution, Judges have also regarded the presumption of constitutionality as one of the principles of judgment. ”However, judging from the form of the principle of presumption of constitutionality, the principle of presumption of the constitutionality is widely applicable to the regulation of economic freedom