宪政之精核在于宪法对政权的精细调控,它既要确保政治权力的效能发挥,又要保障公民权利的品性不坠。这本身就是一项艰难的均衡工程,需要政治权力与法律权威达成制度化的沟通与契合。观审全球,现今普遍涌动着“宪法司法化”潮流,透其内里,我们发现,早在百年前,一个叫美利坚合众国的地方就塑造了一种宪政司法的样板。回顾这段历史,从中找寻出当下我们有用的经验,可谓意义不凡。 The essence of constitutionalism lies in the fine regulation and control of the political power by the Constitution. It not only ensures the effectiveness of political power but also ensures that the character of civil rights does not fall. This itself is a difficult and balanced project that requires political power and legal authority to achieve institutionalized communication and cooperation. In today’s world, we find that as early as a hundred years ago a place called the United States of America shaped a model constitutional and judicial administration. Recalling this history, from which we find out the useful experience of the moment, can be described as extraordinary.