一、回溯传统行政法控权理念 传统行政法控权理念的核心可以归结为:行政法是保障个人自由、控制行政机关权力的法律。以此为轴心,它对行政法的一系列基本问题,形成了以公民个人权利为本位、以个人主义和自由主义政治哲学为基础的系统认识。它在不同国家形成和存在的条件有较大不同,赞成这一核心观念的学者在讨论具体行政法问题时的理论也有相当差异。为集中并简化讨论的需要,本文着重以控权理念所源起并获典型发展的英美国家的一些学者论述为考察对象。其中,戴雪在《英宪导论》中的论述是本文研究的主要材料。这样做的考虑有三:其 First, back to the concept of traditional administrative law control The concept of traditional administrative law, the core of the idea can be attributed to: the administrative law is to protect individual freedom, control of the power of the executive law. Taking this as its center, it has formulated a series of basic questions on administrative law and formed a systematic understanding based on the individual rights of citizens and on the basis of individualist and liberal political philosophy. The conditions for its formation and existence in different countries are quite different. Scholars in favor of this core concept also have quite different theories in discussing specific administrative law issues. In order to centralize and simplify the discussion, this article focuses on the exposition of some scholars from the Anglo-American countries that originated from the concept of control power and have been typical development. Among them, Dai Xue in “Introduction to the British Constitution” is the main material of this paper. There are three things to consider: