司法权能：规范法官裁决的程序性思维

司法权能；理性阐释；程序性思维
The main concern of process jurisprudence is whether each institution of government has specific areas of competence, whether a particular task can be assigned to some institution without considering the substantive policy it contains, and what kind of specific procedurescan be adapted to the special competence of some institution. In the thought context of process jurisprudence,this issue involves sometopics on justice and reason as well as justice and will.It is expressed bythe particular concept of “judicial competence”, embodied as a procedural constraint such as “reasoned elaboration”,and thus sketchs out the unique judicial picture of process jurisprudence. Under this judicial picture, judges must respect the competence of other institutions, and explain their decisions in the framework of the rule of law. More importantly, the key to regulating judge？？s decision is how to establish procedural competence and what kind of competence we should establish, rather thanrelying solely on substantive accountability.