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司法能动和司法克制是美国宪法解释中对立的两种主要司法哲学,大法官在裁判过程中经常面临着艰难的选择。受到政治、经济和社会等各种因素的影响,在不同时期,美国宪法解释所推崇的司法哲学各有侧重。基于严格法治主义和维护司法权威的本质,法官的姿态应当是坚持司法克制下的司法能动。这也是对我国司法裁判可资借鉴的主要意义。
Judicial motivation and judicial restraint are the two major judicial philosophies that are opposed to each other in the interpretation of the Constitution of the United States. Judges are often faced with difficult choices during the adjudication process. Influenced by various factors such as politics, economy and society, judiciary philosophy advocated by the US constitutional interpretation has its own emphasis in different periods. Based on the essence of strict legalism and the maintenance of judicial authority, the judge’s attitude should be to insist on judicial action under judicial restraint. This is also the main meaning to which our country’s judicial adjudication can make reference.