美国禁止授权原则的发展及其启示

The Development of Nondelegation Doctrine in America and Its Revelation

禁止授权原则是美国行政法学上的重要概念,它是由联邦法院通过判例发展而来的重要原则,两个多世纪以来历经坎坷。但1999年的一个判例使该原则重焕新生,其中要求行政机关必须提供"明确原则"来指引行政立法的运作,此种强化行政自我拘束的思路值得中国借鉴。

Being an important concept in American administrative law, nondelegation doctrine is established on the basis of the development of case law of the federal courts. In a history of more than two centuries, the process of the development of nondelegation principle has been by no means smooth, and there have been quite a lot of controversies and almost nothing has ever been discussed in the past, because federal courts have seldom invoked it. However, a 1999 case has kindled the nondelegation principle anew, in which the court required administrative agency provide an ＂intelligible principle＂ so to guide the operation of administrative rulemaking. China may draw on the experiences of such approach to heighten the self-restraint of administrative agencies.