随着能动司法在我国的提出和热议,美国司法积极主义司法哲学也得到越来越多的关注和研究。这种司法哲学发源于美国联邦最高法院,马伯里诉麦迪逊案之后、司法审查制度确立之初,司法积极主义就逐步得以运用。分析司法积极主义的语义语境、制度背景并探求这种司法哲学的性质和限度,对研究美国司法积极主义和我国能动司法都大有裨益。这不仅有助于学者厘清两者之间的意蕴差别,建立一个统一的话语平台;而且有助于了解美国的司法哲学,从而谨慎地选择对待西方政体下的司法形态。 With the active judicial proposal and hot discussion in our country, the judicial philosophy of judicial activism in the United States has received more and more attention and research. This philosophy of justice originated in the United States Supreme Court, Marbury v. Madison case, the judicial review system was first established, judicial activism gradually be applied. Analyzing the semantic context and institutional background of judicial activism and exploring the nature and limits of this kind of judicial philosophy are of great help to the study of American judicial activism and the active judicial system in our country. This not only helps scholars to clarify the differences between the two and establish a unified discourse platform, but also helps to understand the judicial philosophy of the United States so as to cautiously choose the judicial form under Western regimes.