法律保留实质是权利保留

自"权利"概念提出以来,权利保留方式就一直是宪政理论和实践所关注的话题之一,它历经了人民自己保留、宪法保留等不同形态。到19世纪末,德国行政法学家奥托.迈耶基于德国宪法基本权利条款缺乏效力和司法审查作用微弱之宪政实践,提出了法律保留,其实质是以行政法所关注的问题及行政法语言重述权利保留。

Legal Restraint Is Nothing but Right Restraint

Right restraint has remained as a heated topic in constitutional logic and practice since the concept of right has been introduced.It had different patterns up to the end of the 19th century,such as people's restraint and constitutional restraint.Then,Otto Mayer,a German scholar of administrative law,seeing little effect of the provisions of civil rights in the German Constitution and the inefficiency of judicial review,put forward the concept of legal restraint,which,indeed,restated right restraint with terms of administrative law and by way of referring to the problems cared about in the administrative law circle.