司法审查作为美国司法制度于1803年马伯里诉麦迪逊案中确立,并已走过200多年的历史。尽管从其诞生之日起,司法审查制度就因其并非美利坚合众国联邦宪法所明示的权力而饱受争议,但司法实践证明,稳定的司法审查制度是适合美国的政治制度,司法审查权是美国宪政制度的基石。 Judicial review was established as the U.S. judicial system in the Marbury v. Madison case of 1803 and has passed 200 years of history. Although the system of judicial review has been controversial since it was not due to its express power as set forth in the Federal Constitution of the United States of America, judicial practice has proved that a stable system of judicial review is a political system appropriate to the United States and the judicial review power is the United States The cornerstone of the constitutional system.