还是在上个世纪,在法国就形成一种意见认为,对行政机关文件合法性的监督,不仅应该由行政机关本身进行,而且,也应该由独立于行政机关的法官来进行。这一想法可以表述为:行政机关的文件应当受到法院的审查,以保证法律受到尊重和公民的权利得到保护。“行政机关活动所固有的决定权及其各项决定的约束力,公正地以下述情况为前提,即:如 Still in the last century, there was a view in France that the supervision of the legitimacy of the documents of the executive authorities should not only be carried out by the executive authorities themselves, but also by judges independent of the executive authorities. The idea could be expressed that the documents of the executive should be subject to court scrutiny to ensure that the law is respected and that the rights of citizens are protected. ”The decisiveness inherent in the activities of the executive authorities and the binding nature of their decisions are presupposed fairly in the light of the following: