The essence of the constitutional review of the Grade Justices, which has the functions of maintaining the constitutional order and fundamental human right, is political and juristic. It is difficult for the Grade Justices to follow their functions without exceeding their political limitation. Recently, some scholars suggest applying the analysis of functional approach to solve this problem. The study attempts to combine the theory regarding the analysis of functional approach with the approach with the practice of the constitutional review in the real condition, and try to figure out the way to deal with constitutional problem, which has strongly political nature by analyzing the Interpretation No. 499. we hope they will be good for the system of the constitutional review to maintain the constitutional order and fundamental human right.