美国宪法诉讼制度的权力制衡功能

宪法诉讼作为违宪审查的一种主要形式,以权力分立制衡原则为政治理论基础,其直接功能就是实现政府权力的制约与平衡.美国的宪法诉讼制度实现了权力制衡的宪政理念,并通过法院尤其是联邦最高法院在宪法诉讼过程中采取司法能动主义或司法节制的立场实现了权力的动态制衡,使宪法诉讼成为权力制衡的一种有效和有力的手段.

One of the Functions of American Constitutional Lawsuit-Check and Balance of Power

Constitutional lawsuit is one of the major forms of constitutional review.It takes the principle of separation and balance of power as its political and theoretical basis.Its direct function is to achieve check and balance of the power of governments.American constitutional lawsuit policy has reflected the notion of check and balance of power and has realized a dynamic check and balance of power through the practice of judicial activism or judicial restraint in the process of constitutional lawsuit in American courts,especially the Supreme Court.Constitutional lawsuit has become an effective and powerful means to realize check and balance of power.