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英国的越权无效原则是英国行政法的核心原则,是议会主权的直接后果。英国的行政法司法审查的理论基础也来源于此。越权无效原则扎根于英国资产阶级革命的社会经济的客观状况,以议会主权和法治原则为基础。越权无效原则的内容随着一个个判例的出现而逐渐发展,范围和内容不断变化,权限不断扩大,几乎所有的行政违法形式都被纳入其中。因此,在20世纪后期英国学界围绕该原则展开了延续至今的争论,提出了越权无效原则的缺陷,也有捍卫者对其进行了修正。无论结果如何,越权无效原则仍将在英国行政法理论和实务界占有着绝对核心地位,伴随英国宪政和行政法不断向前发展。中国要想建设社会主义法治法治体系,必须借鉴英国越权无效原则的优秀内涵,探究其发展轨迹,从而对我国行政法的发展有所启迪。
Britain’s principle of over-vainness is the core principle of the British administrative law and is the direct consequence of the sovereignty of the parliament. The theoretical basis for judicial review of administrative law in the United Kingdom is also derived from this. The principle of the ultra vires overruling rooted in the social and economic conditions of the British bourgeois revolution was based on the principle of parliamentary sovereignty and the rule of law. With the emergence of a series of precedents, the content of the principle of over-vain and ineffectiveness has been gradually developed. The scope and content of the principle are constantly changing, and the powers are constantly expanding. Almost all forms of administrative law-breaking are included. Therefore, in the late 20th century, the British academic circles started the controversy surrounding this principle, proposed the flaw of the principle of invalidation of overriding authority, and some defenders amended it. Regardless of the outcome, the principle of over-vain and inefficiency will still hold the absolute core position in the theory and practice of administrative law in the United Kingdom, accompanied by the continuous development of British constitutional and administrative law. In order to build a socialist legal system of rule of law, China must learn from the excellent connotation of the principle of invalidation of overriding authority in Britain and explore its development path, thus enlightening the development of our country’s administrative law.