100【司法違憲審查權】－法理論發展之基礎 Jerre S. William，Constitutional Analysis： The Constitution does not provide specifically for the exercise of judicial review by the Supreme Court。Whether or not the power is implied by language of the Constitution is in dispute among constitutional scholars。But the doctrine did not spring suddenly and spontaneously from unknow origins。It has well-defined ancestory。The concept of judicial review grows out of three themes found in the common law in England and our law in the United States。The first theme is the concept of “ divine law ”，which later became “ nature law” to those who did not demand divinity in the law。This concept of law－that ther is divinely ordained law higher than man-made law－is familiar to all persons。The second fundamental theme is the principle of “ due process of law ”，which has its beginnings in Magna Carts in 1215。The catch phrase “ due process of law ”，now broadly used in constitutional law as a shorthand description for various procedural and substantive aspects of liberty，developed from the phrase “ law of the land ”，found in Section 39 of the Magna Carta。The third paralleling theme was the developing concept that the fundamental law which controls the organization of government should be in writing。 Jerre S. Williams，Constitutional Analysis－in a Nutshell，（Minnestoa：West Publishing Company 1979）pp.2-3
Posted on: Mon, 19 Jan 2015 23:07:11 +0000
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