宪法诉讼作为现代宪政国家保障宪法实施的重要手段,迄今已有200多年的历史。虽然其主旨不外乎权力制衡与人权保障,但各国的违宪审查制度却因国情而异。日本战后形成的宪法诉讼制度虽然主要取法于美国,但由于日本司法制度战前深受大陆法及其自身法文化传统的影响,在具体的司法实 Constitutional litigation, as an important means by which the constitutional constitutional government ensures the implementation of the Constitution, has a history of more than 200 years. Although its essence is nothing more than checks and balances of power and protection of human rights, the constitutional censorship system varies from one country to another. Although the system of constitutional lawsuits formed by Japan after the war mainly took the lead in the United States, since the Japanese judicial system was deeply influenced by the civil law and its own legal culture before the war, in the specific judicial practice