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罗马宪制对西方宪政的影响历来被法学界忽视。西方宪政理论的最早起源虽在希腊,但其制度的最早起源却在罗马。这种由君主制、贵族制、民主制三种成分混合而成的宪政体制,经过王政时代、罗马共和国,直到共和国末期才最终定型。本文在对这三种成分及其发展的简要分析的基础上,认为罗马宪制至少在四个方面对西方宪政制度具有影响,即在实践中完善、法治、制衡和限权。
The influence of the Roman constitution on the constitutional government in the West has always been neglected by the law circles. Although the earliest origins of Western constitutional theory were in Greece, the earliest origins of its system were in Rome. This constitutional system, which consisted of the three elements of monarchy, aristocracy and democracy, did not finally come to the final stage of the republic after the Wang Zheng era and the Roman Republic. Based on a brief analysis of these three components and their development, this article argues that the Roman constitution has an impact on the constitutional system of the West in at least four aspects, that is, perfection in practice, rule of law, checks and balances and limits of power.