The outer world USA, tend to think of "supremacy of law" is a good stuff, to ensure equality before the law, inhibited the man brought to power. The surface is indeed the case, but the Americans feel is different.

   America judicial system will undoubtedly have great power. "House of cards", the special prosecutor Dunbar want to subpoena who, who also not dare not to do, the vice president of Ande Wushu and the super rich Tasker, this power level of the "big man", "listen to" good "called to. This plot is not fiction, reality version is: in 1998, when the independent prosecutor Starr for the American President Clinton's sex scandal, the sole global superpower of the most powerful people, will risk this is Starr down, only to later USA Senate failed impeachment vote, Clinton take escape from death.

   The independent counsel is a judicial system, but it is different from the usual judicial category, known as the legislation, administrative, judicial power "fourth". This system at the beginning of the survey in 1973 when President Nixon "Watergate", after in 1978 by the USA Congress passed "the Independent Counsel law" formally set up, and the "special prosecutor" renamed "independent counsel", mainly used in the investigation and prosecution of illegal and criminal acts America senior administration officials. In the case of independent government, have almost unlimited power, money and time, whether legislative, administrative or judicial system are usually can't interfere. But its negative impact is very great, Clinton scandal finally ended, and the Big deal and the consumption of manpower and material resources is big, cause USA public antipathy, finally in 1999, "the Independent Counsel law" expires, America Congress ended the system.

   The USA legislative, administrative system, it is not just a special prosecutor, judicial review of the Supreme Court have the right, the same as "imperial sword". Whether the legislation passed by Congress, the president's policies and state laws, the Supreme Court has the right to review them accord with the constitution, not in conformity with the will invalid invalid. The power of the Supreme Court, is actually a "stolen" to 1801, from the case of Marbury v. Madison. The defeat in the election of the incumbent president Adams, in his night assault "starry night named" 42 justices of the peace, the results of the second day on the new president Jefferson abandoned the 16 commission not to send. The chief justice of the Supreme Court, the Federalist Marshall, keen to use the Marbury's appeal, the interpretation of law established USA Supreme Court has the power to interpret the constitution, ruling that the government behavior and the parliamentary legislative action is unconstitutional system.

   Marshall and then American in the history of several similar decision, far-reaching impact on the USA politics, it helps to establish the authority of the central government on the state of the USA, effectively promoted the formation of USA national system, otherwise American may have been "lacking spirit of cooperation", formed in the 1787 federal state can deposit a problem. But it brings troubles are obviously. In 1929 American occurred after the great depression, President Roosevelt wants to crisis and rebuilding the nation to resolve through the new deal, but the Supreme Court tenure "nine longevity old" has repeatedly rejected Roosevelt's New Deal legislation, forcing Roosevelt to exert political means that the Supreme Court later changed tack.

   American home questioned about this system has never broken off, the biggest question is, where the judicial review power basis? In fact, only represent the public will Congress is to make laws, have the right to interpret the law can only be the Congress, the Supreme Court can do is to enforce the law, how can the judicial review to change the law? The original of this system is not American originality, but also across the seas to the Tudor and early Stuart Dynasty, the British court had control of the intention of congress. But after seventeenth Century, the British monarch is weakened in power at the same time, changed the traditional "supremacy of law", but changed to the "parliamentary supremacy", the cabinet and the court are derived agency Council, no power to make carping comments on parliament.

   Not only that, the sacred habitual, common law form ever in Britain have, since the song also gradually digestion. The law is the embodiment of the will of the citizens, legislators should according to actual situation changes from time to time, and timely make, modify or repeal laws, even to the law cannot change things. Even the constitution is not so noble, "the Great Charter" was developed in Britain in thirteenth Century, but today's Britain has no written constitution. Status of lawyers in the UK and continental Europe, far less than the USA.

   Without discrimination to the European and American countries ruled by law, are known as the "supremacy of law", is actually a misunderstanding, that is just America only, do not have universality.

"Beijing Youth Daily" in February 28, 2014