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哈耶克作为1974年经济学诺贝尔奖的获得者对宪法理论也有独到的研究,他认为:权力有两种完全不同的性质,即善的权力和恶的权力。强制的权力是一种恶,宪法不仅要对强制的权力进行制约,而且要对民主的权力实行制约,因为无限的民主也会导致恶的产生。宪法对权力的制约是为了保护人民的权利,而对个人私域的界分和对私产的保护是限制政府权力、保护人民权利的前提条件;要保证宪法实施,就必须进行违宪审查,而违宪审查既要注重制度的建立更要确立审查的标准。
Hayek as a winner of the Nobel Prize in Economics in 1974 also has a unique study of constitutional theory. He believes that there are two completely different powers, that is, good power and evil power. Coercive power is evil. The constitution not only restricts coercive power, but also restricts the power of democracy. Infinite democracy also leads to evil. The constitutional restriction of power is to protect the rights of the people, while the division of private individuals and the protection of private property are the prerequisites for restricting the government’s power and protecting the rights of the people. To ensure the implementation of the constitution, it is necessary to carry out constitutional review and unconstitutional review. The review should not only focus on the establishment of the system but also set the standard of examination.