目次一、制宪前各邦之司法审查实践传统二、为制衡而辩三、反对派的遗产:权力制衡的有限性与独立性四、源于制宪者原意之原则:法官解释宪法五、结语司法审查已无可争议地成为美国政制的生命象征与活力符号。对于司法审查,中国学人多以为是马歇尔(John Marshall)大法官通过马伯 First, the constitutional review of judicial review of the traditional practice of the two, for the balance and debate three, the legacy of the opposition: the power of checks and balances limited and independence Fourth, from the original intention of the constitutional principle: the judge to explain the constitution five, Conclusion Judicial review has undoubtedly become the symbol of life and vitality of the U.S. constitutional system. For judicial review, many Chinese scholars thought it was the adoption of Marbury by Justice John Marshall