如果政府仅仅依赖公民与企业的自觉性来执行它所制定的城市发展规划和法规,显然是无能为力的。作为这些法规构成的基础,公共利益的实现也就无从谈起。因此政府必须有能力要求公民和企业执行有关法规。然而,我们无法简单强迫土地所有者和建设规划者服从政府规划和建筑法规,因为与之相互关联的是宪政国家运转的关键基石:合法性原则(principleoflegality)。鉴于合法性原则,政府被赋予了诸多权力。法律给予政府的城市发展方面的权力包括两类:被动性权力(reactivepowers)与主动性权力(proactivepowers)。荷兰因而允许政府机构享有广泛的被动性权力与主动性权力。非常有意思的是,在荷兰这些权力并不受公共法律限制。与多数盎格鲁—萨克森国家不同,荷兰政府被允许在承担风险的基础上参与公私合作。这种合作是通过公共与私人部门的合同及建立公私合作模式的合资企业来实现的。本文详尽阐述了作为被动性和主动性政府权力基础的公法和私法工具。这些权力是政府驱动的城市开发制衡市场驱动的城市开发的真正至关重要的因素。 If the government relies solely on the awareness of citizens and enterprises to implement the urban development plans and laws it has laid down, it will obviously be powerless to do so. As the basis for the constitution of these laws and regulations, the realization of the public interest will be impossible. Therefore, the government must be able to require citizens and businesses to implement the relevant laws and regulations. However, we can not simply compel landowners and construction planners to obey government planning and construction laws, as they are interlinked with the key cornerstone of the functioning of the constitutional state: the principle of legality. In view of the principle of legality, the government is given a lot of power. The power that the law gives to the government in urban development includes two categories: reactive polls and proactive polls. The Netherlands therefore allows government agencies to enjoy a wide range of passive and pro-active powers. What is very interesting is that these powers in the Netherlands are not subject to public laws. Unlike most Anglo-Saxon countries, the Dutch government is allowed to participate in public-private partnerships on a risk-based basis. This cooperation is achieved through public-private contracts and joint ventures in public-private partnerships. This article elaborates on public and private law tools as the basis of passive and proactive government authority. These powers are truly crucial factors in government-driven city development to counterbalance market-driven urban development.