法律保留原则探析

The Analysis on the Principle of the Law Resorvation

法律保留滥觞于英国的《自由大宪章,》是法治国家的基本法律原则与制度。法律保留包括立法法律保留与行政法律保留。前者作用于立法领域,旨在划定议会立法权力与政府立法权力的界限;后者作用于行政领域,旨在规范行政权力的行使。前者的理论基础是议会民主原则与分权原则,后者的理论依据是法治主义。

Reservation of Law originates from the Magna Carta of England,and it is a basic principle and institution of law in any country.Reservation of Law includes reservation of law in legislation and administration.The former acts in the field of legislation ,its goal is to define the bounds between the power of legislation in parliament and in government;the latter acts in the field of administration,its goal is to rule the administrative power,The theoretical basis of the former is the principle of democracy and separation of power,of the latter is legality theory.