职业权利(权力)与宪政秩序

Professional Right(Power) and Constitutional Order

无论是经典作家对西方法律传统或宪政秩序的解说,还是西方宪政秩序的生成与扩展,实际上都是从“分”或职业权利(权力)的分立与发达开始的。这不仅是因为自由主义乃宪政秩序与职业权利(权力)的共同价值基础,而且也因为分立、合作与对抗是宪政秩序与职业权利(权力)多元格局的现实基础。

The explanation and comments on western law tradition or constitutional order made by the classics and the formation and development of western constitutional order itself are actually all based on the separation and development of professional rights and power. Not only the reason is that liberalism is the common basis as the values of professional rights and power and constitutional order, but the separation cooperation and confrontation are the practical basis of the plural pattern of professional rights and power and constitutional order.