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所谓实体性正当程序是指正当程序包含着实体性权利,该实体权利一旦受到侵犯,侵犯这些权利的法律等规范性文件就要接受某种形式的司法审查。其本质是立法行为和政府行为应该接受司法审查进而实现法的最高统治地位。实体性正当程序的法治意义在于:它连接实体正义与程序正义,实现正义的动态平衡;它强调司法对宪法的维护,并肯定权力之间的互动与制约是民主程序的重要一环。
The so-called substantive due process refers to due process contains substantive rights, once the entity’s rights have been violated, laws and other normative documents that violate these rights must accept some form of judicial review. Its essence is that legislative acts and governmental actions should be subject to judicial review and thus realize the supremacy of the law. The legal significance of substantive due process lies in that it connects the substantive justice with the procedural justice and realizes the dynamic balance of justice. It emphasizes the judicial protection to the constitution and affirms the interaction and restriction between powers as an important part of the democratic process.