论法官在行政司法审查中的法律解释权

On Judges' Power of Interpretation of Laws in Investigation of Administrative Judicature

法律解释可以区分为规范解释与个别解释,规范性解释权实际上是一种立法性权力,是立法权在法律适用领域的延伸。作为具体的法律适用者的法官只能享有个别性解释权而不能分享规范性解释权。

The interpretation of law can be divided into normative and specific interpretation, the former of which is in effect a legislative power and its extension in the application sphere of law. The judge as one who applies the law can only have the specific but not normative interpretation power.