论依法行政的宪政基础

现代宪政所包含的民主、法治和人权原则与理念 ,体现于依法行政的各个领域 ,民主作为依法行政的制度前提 ,要求依法行政必须是一种民主行政 ;法治作为依法行政的机制保障 ,要求依法行政必须是一种法治行政 ;人权作为依法行政的价值追求 。

The democracy, the rule of law and human rights, all of them are ideas of modern constitutionalism. They embodied in every area of administration of law. As the basic system premise, the idea of democracy is a kind of democratic administration. As the mechanism guarantee, the idea of rule of law should be a kind of administration of law. As the value pursuing in administration of law, the idea of human rights should directly confirm the regulations which protect citizens rights in administration of law. Key works: administration of law; democracy; rule of law; human rights; constitutional grounding