科克是英国历史上最伟大的大法官之一 ,是古典宪法理论创始阶段的代表人物。他创造性地表达了“法官独立和违宪审查的思想” ,成为世界宪政史上的一个里程碑。此外 ,科克还主张正当法律程序原则和权利保护原则 ,这成为后来美国宪法和《人权宣言》的思想精髓。作为古典宪法基础理论的开拓者 ,科克的宪法思想虽然有其不成熟的一面 ,但它的伟大影响却是不可否认的 ,直至如今 ,仍会给我们的宪政建设带来一定启发和思考。 Cork is one of the greatest judges in British history and is the representative of the founding stage of classical constitutional theory. He creatively expressed “the idea of ​​judge independence and constitutional review” and became a milestone in the constitutional history of the world. In addition, Cork also advocated the principle of due process of law and the principle of the protection of rights, which became the ideological essence of the later U.S. Constitution and the “Declaration of Human Rights.” As the pioneer of the basic theory of the classical constitution, although Cork’s constitutional thought has its immature side, its great influence is undeniable. Until now, it will still bring some enlightenment and thinking to our constitutional construction.