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宪政与宪法存在非常密切的联系,而违宪审查制度能保证宪法的最高效力,因此违宪审查制度有利于维护宪政秩序。司法权是事后制约行政权滥用的核心,司法审查制度是违宪审查制度中最重要的内容。“马伯里诉麦迪逊”一案开启了司法审查制度之源。尽管马歇尔作出判决最主要的目的是维护自身党派利益,但不能忽略司法审查制度对宪政的重要价值。然而,宪政能否顺利进行还取决于法院对政治领域的介入程度。因此,司法审查制度也存在需要反思与改进的地方。
There is a very close relationship between constitutionalism and the constitution, and the constitutional review system can guarantee the highest effectiveness of the constitution. Therefore, the constitutional review system is conducive to the maintenance of constitutional order. Judicial power is the core of the abuse of executive power afterwards, and the system of judicial review is the most important content in the constitutional review system. The case of “Marbury v. Madison” opened the source of the judicial review system. Although Marshall’s decision to defend the most important purpose is to safeguard the interests of their own parties, but can not ignore the judicial review system of the important value of constitutional government. However, the smooth progress of constitutional government also depends on the degree of court involvement in the political field. Therefore, there is also a need to review and improve the judicial review system.