论述法治的文献可谓浩如烟海,考察的角度几乎无所不至。下文分析并非自诩是对这些不同进路的全面考察。相反,而是试图以下述方式讨论该主题:既对公法工作者意义重大,亦具备超越特定法律制度的更广意义。本文中心主题是法治的形式意义和实质意义之间的差别。这个二分法,正如下文所能看到的,对于可能从法治中推导出的具体法律规训 The literature on the rule of law can be described as voluminous, the perspective of almost everything. The analysis below is not self-proclaimed a comprehensive examination of these different approaches. Rather, it is an attempt to discuss the subject in a way that is both significant to public law practitioners and broader beyond a particular legal system. The central theme of this article is the difference between the formal meaning and the substantive meaning of the rule of law. This dichotomy, as we can see below, is about specific legal disciplines that may be derived from the rule of law