Research On Standards Of American Judicial Review

In 1803,Marbury v.Madison established the system of judicial review.Judicial review system has experienced from the judicial review of the country's legislation,the judicial review of administrative behavior,to the protection of citizens'constitutional right of judicial review of the evolution.Among them,in the judicial review of the protection of civil rights,the court in the judicial practice according to the nature and value of civil rights for different scales and a strict standard,the scale and standard is called the standard of judicial review.The Supreme Court of the United States is hovering between the two tendencies of restraint and active.Because of the lack of a clear set of operating standards,such as Scott v.Sandford,Lochner v.New York and a series of cases have a great negative impact on the u.s..After President Roosevelt's constitutional revolution in 1937,Justice Stone proposed a double-standards test in the footnote 4 in United States v.Carolene Products Company,that is the basis for strict scrutiny test and the rational relationship test.On 1970s,in Craig v.Boren,established the intermediate scrutiny test in the double-standards test,this has also formed the American judicial review system of three standards.The rational relationship test applies to the violation of the restrictions on Civil and economic rights,property rights and other aspects of the legislation,government measures unconstitutional review.The intermediate scrutiny test is mainly applicable to the violation of due process and legal measures of legislation,government protection principle of equality laws,these cases are mainly including gender equality,child female marriage case case suspect classification,quasi affirmative case etc..The strict scrutiny test is mainly applicable to the "suspect classification" and the restriction of the basic rights of the legislation,government measures unconstitutional review.These three kinds of standards are different from each other in terms of the relationship between the purpose of legislation,the purpose of government measures,the means and the purpose of realization,and the burden of proof.Among them,the intermediate scrutiny test is a standard between the rational relationship test and the strict scrutiny test.The basis of judicial review is of great significance to the protection of civil rights,which embodies the harmony and balance between judicial restraint and judicial activism.It highlights the separation and balance between the three powers of the United States.There are a lot of problems in the application and development of the standards of judicial review.On the basis of the legitimacy of the theory,the different values of the basic rights of citizens are the basis of judicial review.On the basis of the protection of civil rights,the review of the issue of expanding the scope of protection of rights,same-sex marriage is a good example.The standards of judicial review are closely related to the interpretation of the constitution,which is greatly influenced by the judicial philosophy of the judges and the judicial tendency of the court.Finally,although the provisions of our constitution the constitutional supervision system is different from the American judicial review system,but as a means of protecting the basic rights of citizens,judicial review has certain reference significance for the implementation of China's constitutional supervision.In the protection of civil rights,the distribution of functions and powers,the perfection of the Constitution and the implementation of the comprehensive legalization and politicization of the Constitution,the review of the advantages and disadvantages of the standards of judicial review can provide us with relevant experience.Of course,we should improve our constitutional system on the basis of criticism.