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为了固守司法权的本质、维护司法权威、遵循三权分立原则,美国违宪审查机关创立了“咨询意见之禁止原则”。随着违宪审查司法化趋势的日益明显,咨询意见之禁止原则逐渐为世界各国与地区所遵循。我国违宪审查制度具有中国特色,但也应大胆地借鉴西方发达国家的宪政经验,通过咨询意见之禁止原则的创立与践履,逐渐提升违宪审查的司法品格。
In order to cling to the essence of judicial power, defend the judicial authority and follow the principle of the separation of powers, the United States unconstitutional review authority has established the “Prohibition Principle of Consultative Opinions.” With the increasingly obvious trend of judicatoryization of constitutional review, the principle of prohibition of advisory opinions is gradually followed by countries all over the world. However, we should also boldly learn from the experience of constitutionalism in western developed countries and gradually improve the judicial character of constitutional review through the establishment and implementation of the prohibition principle of advisory opinions.