The Differential Construction and Improvement of the Authorization of the Central and Local State Power Organs

The authorization of state power organs at the central and local levels is a common means to alleviate the internal tension between governance effectiveness and democratic legitimacy, and jointly ensures the continuity, authority and vitality of the constitutional order. Compared with the former, the increasingly active authorization activities of local state power organs lack clear normative basis and constraints, and there are risks of ultra vires and out of control. On the basis of norms, in order to coordinate the contradiction between effective governance and unified system, we should add local authorization legislation norms, local authorization reform pilot norms and local bottom-up authorization norms under the framework of "authorization-restriction" of the central and local governments, respectively allowing local state power organs to authorize local governments to legislate, temporarily stopping or adjusting the application of creative and advanced local laws and regulations, and reserving legal space for subsequent reforms. In terms of normative constraints, the authorization of state power organs at the central and local levels must abide by the hierarchical constraint theory of authorization. The primary constraints of the authorization theory require an agent must possess original authority and the authority must be delegable. The secondary constraints of the public authorization theory require clarity and suitability of the delegate, the special constraints of the authorization theory of the legislature require prohibition of general delegation and setting up post-authorization control mechanism, and the corresponding constraints of horizontal authorization, vertical authorization, internal authorization and external authorization are also different in constraint strength.