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行政权的正当性,是现代民主宪政体制特别关注的原则性问题,在行政权理论蓬勃发展的今天,民主理论作为传统学说的代表,虽然屡次遭受质疑,被指为有沦为形式法治主义风险而无法达到民主正当性要求,但其存在依然具有合法性和合理性,在法治舞台上扮演着重要角色。本文从传统民主理论入手,简述正当性的哲学含义,行政权正当性的来源,并就行政权正当性的实质特征归纳三点表现形式。
The legitimacy of the executive power is a matter of principle that pays special attention to the constitutional system of the modern democracy. Today, with the booming development of the theory of the executive power, as the representative of the traditional theory, the democratic theory has been repeatedly challenged and accused of being reduced to the risk of formal legalism But can not meet the requirement of democratic legitimacy. However, its existence still has its legitimacy and rationality and plays an important role in the rule of law. This article begins with the theory of traditional democracy, briefly describes the philosophical meaning of legitimacy and the source of legitimacy of administrative power, and summarizes the three forms of expression on the substantive features of administrative legitimacy.