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合宪性推定原则是宪法审查机关在进行宪法审查时常用的一种重要方法。其最初起源于美国,在1876年的穆恩诉伊利诺伊州案中第一次被明确提出,并在之后的司法实践中被不断地发展和完善,并最终成为宪法审查机关行使违宪审查权的一个重要原则。本文分析了合宪性推定原则的含义、价值与相关案例,并对相关概念进行了比较。
The principle of presumption of constitutionality is an important method commonly used by constitutional censors in constitutional review. Originally originated in the United States, it was first explicitly put forward in the case of Muir v. Illinois in 1876 and was continuously developed and perfected in later judicial practice and eventually became a part of the constitutional review body exercising the power of unconstitutional review Important principle This paper analyzes the meaning, value and related cases of the presumption of constitutionality, and compares the related concepts.