On Judicial Review System of the United States——Take Antidemocratic Paradox and Its Amendments for Reference

The core of constitutional democratic system lies in judicial review, on which judicial supervision of legislation and administration are based on major developed law-governed parts of the world. However, a strong accent on the absoluteness democratic values has turned judicial review a hugely contentious issue for a long time. But the United States eventually overcame the antidemocratic paradox of judicial power after judicial practice of more than two centuries. The judicial review system arose from judicial practice and became a vital system for protecting human rights. The tortuous course of judicial review system indicates that jurisdiction independence that serves the human right and judicial deference and restraint that is in harmony with democratic value can effectively eliminate antidemocratic paradox of judicial power. We will take a close look into the essence of their ideas, which is of great significance to set up a judicial review system to conform with China's national conditions and rule the country by law.