1789年法国《人权与公民宣言》明确宣告:“凡权利无保障和分权未确立的社会就没有宪法可言”。这是在提倡新的宪法概念,即宪法在保障人权的同时必须引迸分权制度。所谓的分权是指将国家权力划分为不同的部分,设立不同的机关来行使,并在不同的机关之间建立起牵制平衡关系的原则和制度。在西方国家主要是指立法、行政、司法三种权力的分立与制衡。近代以来的西方各国宪法几乎无不明确提到分权原则,可以说宪法的实质就是分权。因为有一 In 1789, the French Declaration on Human Rights and Citizenship clearly declared: “There is no constitutional law” in a society where the rights are not guaranteed and decentralization is not established. This is to advocate a new constitutional concept that the constitution must introduce a system of decentralization while safeguarding human rights. The so-called decentralization means dividing the state power into different parts, setting up different organs to exercise it, and establishing the principle and system of holding the balance between different organs. In western countries, it refers mainly to the separation and checks and balances of the three powers of legislation, administration and judicature. Since the modern constitutions of Western countries have almost no explicit reference to the principle of separation of powers, we can say that the essence of the constitution is decentralization. Because there is one