“衡量”在美国宪法审查领域是头绪纷繁的,其适用范围及方式的发展变化以实用主义为典型表征。因而,衡量的运用在美国宪法审查领域趋于普遍、频繁的同时,又是不拘一格、灵活和富有弹性的。在由来已久的判例法传统和思维风格下,一方面法官拥有自为评价的判断余地;另一方面,借助司法的谦抑,并透过案件的不断类型化和判决中详尽的理由论述,法官灵活、实用的衡量运作得到有效约束,且不断地被反思和修正。 “Measurement ” is a complicated concept in the field of constitutional review in the United States. Its development and changes in the scope and mode of application are typically characterized by pragmatism. Therefore, the use of measurement tends to be common and frequent in the field of constitutional review in the United States. At the same time, it is eclectic, flexible and flexible. On the other hand, with the restraint of the judiciary and through the constant typification of cases and the exhaustive reasons in the judgments, judges have the right to judge. On the one hand, Judges flexibly and effectively measure the operation is effectively constrained, and constantly being rethought and amended.