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马伯里诉麦迪逊案和结社自由案被分别誉为美国和法国司法审查第一案,在各自国家的宪法史上有着举足轻重的地位。现如今,司法审查制度已在世界大多数国家设立,然而中国却还没有设立司法审查制度。本文通过比较这两个案件的相似点和不同点,给在宪政道路上艰难探索的中国一点启示。
The case of Marbury v. Madison and the case of freedom of association were hailed as the first case of judicial review in the United States and France, respectively, and played a decisive role in the constitutional history of their respective countries. Nowadays, the judicial review system has been established in most countries in the world. However, China has not yet set up a judicial review system. By comparing the similarities and differences between the two cases, this essay gives a little inspiration to China, who has struggled hard to find a way out of the constitutional government.