通过对美、法、德三国违宪审查制度的比较分析,从立法权与司法权之间的内生张力可以发现,虽然违宪审查制度在不同制度语境下有不同的样态形式,但都具有一定的政治性,因此不可能有一个统一模式来衡量测度违宪审查制度的优劣高低。要妥善地激励和促进违宪审查制度的良好运作,必须根据一项权力的组织和结构来构想对其权力的限制,从而实现其预想的政治法律目标。 Through comparative analysis of the unconstitutional censorship system in the United States, France and Germany, we can find from the endogenous tension between the legislative power and the judicial power that although the constitutional censorship system has different modalities under different system contexts, A certain political nature, it is impossible to have a unified model to measure the pros and cons of the system of reviewing constitutional violations. To properly stimulate and promote the good functioning of the constitutional censorship system, the restrictions on its power must be conceived in the light of the organization and structure of a power so as to achieve its desired political and legal goals.