Limited Executive Power

The limited nature is one of the important characteristics of the Executive power. The meaning of the limited nature of the executive power refers that because of the nature and features of the executive power, the executive power should be limited with the right of citizens, and subject to the law and legislative power and judicial power. The theory and practice of the limited nature of the executive power have a long history. This paper intends to make out the theory of the limited nature of the executive power in theory and in system, and analyze its significance to the Constitution construction, as well as explores how to establish the limited executive power in theory and in system on the basis of the realities in our country,.The paper is divided into four parts, probably 40,000 words in total.Part one, the definition of the limited nature of the executive power . Beginning with the basic concepts such as administration, executive power, the author clears the basic meaning of the limited nature of the executive power and analyzes the reasons that the executive power is limited with its other characteristics. The author explains that the executive power is limited compared with the right of citizens because it origins from the people. The executive power should be subject to law because it is based on law. The executive power should be subject to the legislative power and the judicial power because its task is exercising. The limited nature of the executive power reflects a series of basic principles : the executive power is decided by law, law should be take priority and be reserved, judicial review, human rights, due process.Part two, the inspection on the theory history of the limited executive power. The theory referring to the limited nature of the executive power dates back to ancient Greece and Roman times. The theories—"mixed form of government" and "rule of law" of Aristotle and others constitute the first stage of the theory of the limited nature of the executive power. In modern capitalist class thinkers who were enlightening the people at that time also put forward the theory of social contract, human rights gifted naturally, balance of powers by decentralization, the rule of law. Those theories constitute the core ideas of the limited nature of the executive power.