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宪法是政治法,其具有浓厚的政治性格;加上宪法所具有的抽象性与不明确性,使司法违宪审查中经常面对政治上的争议事件和人民基本权利的争议事件,因此,常常引发法律与政治之间陷入紧张关系之中。那么美国联邦法院是如何把握介入这些争议的限度?其对政府其他分支进行违宪审查的基准是什么?本文整理美国违宪审查基准的理论,以期作为中国违宪审查制度建构的他山之石,同时也期许一种更规范化的宪法研究方法。
The Constitution is a political law which has a strong political personality. In addition to the absurdity and the absurdity possessed by the Constitution, controversial issues often encountered in the judicial review of the Constitution are often confronted with political disputes and fundamental rights of the people. As a result, disputes often arise There is tension between law and politics. So how do federal courts in the United States grasp the limits of intervention in these disputes? What is the basis for their unconstitutional review of the other branches of the government? In this paper, the theory of the basis for the review of constitutional violations in the United States is reviewed in order to serve as a stone for the construction of China’s constitutional review system, Expect a more standardized approach to constitutional research.