中文摘要：

司法审查是宪政民主制度的核心,主要法治发达国家莫不据此对立法与行政进行司法监督.然而强调民主价值的绝对性,致使司法审查长期以来一直饱受争议.但经过两个多世纪的司法实践,美国最终克服司法权的“反民主”悖论,司法审查制度经由司法实践产生,并成为一项保障人权的制度.司法审查制度的曲折历程表明,服务于人权实现需要的司法独立,以及基于与民主价值相协调的司法谦抑,可以有效消解司法权的“反民主”悖论.我们考察其中有价值的思想成分,对于贯彻依法治国战略,构建合乎中国国情的司法审查制度具有重要借鉴意义.

英文摘要：

The core of constitutional democratic system lies in judicial review, on which judicial supervision of legislation and administration are based on major developed law - governed parts of the world. However, a strong accent on the absoluteness democratic values has turned judicial review a hugely contentious issue for a long time. But the United States eventually overcame the antidemocratic paradox of judicial power after judicial practice of more than two centuries. The judicial review system arose from judicial practice and became a vital system for protecting human rights. The tortuous course of judicial review system indicates that jurisdiction independence that serves the human right and judicial deference and restraint that is in harmony with democratic value can effectively eliminate antidemocratic paradox of judicial power. We will take a close look into the essence of their ideas, which is of great significance to set up a judicial review system to conform with China’s national conditions and rule the country by law.