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美、法两国被誉为英美法系和大陆法系制度典型的代表国家,宪政建设方面巨大成就及违宪审查制度保障宪法方面的巨大作用是二者相同之处。“马伯里诉麦迪逊案”的开创性和“结社契约案”的标志性是两国违宪审查制度形成的渊源所在,由此而形成了普通法院审查模式和专门机关审查模式,从不同的角度出发使宪法成为“活的法”。本文从器物、制度两层次展开对两国违宪审查制度进行比较研究,以期能有益于我国的宪政建设。
The United States and France are both honored as representative countries in the Anglo-American legal system and the civil law system. The great achievements in the constitutional construction and the constitutional review of the constitutional review system are both in common. The originality of “Marbury v. Madison” and the landmark of “the contract of association” are the origins of the formation of the review system of unconstitutionality between the two countries, thus forming the mode of examination of ordinary courts and the mode of examination of specialized agencies From a different point of view, the Constitution has become a “law of living.” This article starts from the two levels of objects and systems to conduct a comparative study on the constitutional review system between the two countries so as to be beneficial to the constitutional construction of our country.