论授权立法的合法性

Theory of Legitimacy of Delegated Legislation

从历史的和立法理论的角度研究授权立法的合法性,指出授权立法产生的一定历史必然性以及与民主、法治等重大宪政原则相抵牾的合法性欠缺;分析了各国对授权立法合法性欠缺的补救措施及其在法理上的意义;最后文章还探讨了授权立法的合法性研究在当前我国的理论及现实意义。

Discusses the legitimacy of delegated legislation from the viewpoint of historical and theory of legislation, indicates its certain historical inevitability and its deficiency in legitimacy which contradicts the most important constitutional principles such as principle of democracy and rule-by law; analyses the remedial measures to the deficiency in legitimacy of the delegated legislation taken by some countries in the world as well as its meanings in jurisprudence . In the end the article also probes into the theoretical and practical values of the delegated legislation in China.