在当代的司法现状下,法官如何判决,才是合法的?该问题触及了司法实践和行政法理论中困扰已久的大问题。本文通过对实质法治的分析,从法律渊源、价值衡量、司法尊让、合法性基础四方面阐述如何构建实质法治主义。 Under the current judicial status quo, how can a judge decide? Is it a question that has long been plagued by judicial practice and administrative law? Through the analysis of substantive rule of law, this article elaborates how to construct substantive legalism from four aspects: the origin of law, the measurement of value, the respect of justice and the basis of legitimacy.