论文部分内容阅读
意大利理论界对于法治国的涵义并没有完全一致的认识,学者们从不同角度对法治国进行研究。一般将法治国分为两种类型,即形式意义上的法治国与实质意义的法治国。前者被称为法律国,法律至上,国家的一切行为形式上都要符合法律,但立法本身不受限制;后者被称为宪政国,公权力在形式与内容方面都要受到约束与限制,所有公权力包括立法权都要遵守宪法所规定的基本原则。法律国中,法与正义相分离;宪政国中,法与正义在实质层面又相互联系。随着“社会国”的出现及全球化的发展,法治国面临着危机。
The Italian theoretical circles do not have a completely consistent understanding of the meaning of the rule of law and the scholars study the law-based state from different angles. Generally speaking, the rule of law countries are divided into two types, that is, the rule of law in formal sense and the rule of law in substance. The former is called the legal state, the law is the supreme, and all state actions must conform to the law, but the legislation itself is not restricted; the latter is called the constitutional state. The public power must be restrained and restricted both in form and content, All public power, including legislative power, must abide by the basic principles laid down in the Constitution. In the legal state, law and justice are separated. In the constitutional government, law and justice are also connected with each other at the substantive level. With the advent of “social state” and the development of globalization, the rule of law countries are facing a crisis.