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 allow local state power organs to authorize local governments to legislate, temporarily stop or adjust the application of creative and advanced local laws and regulations, and reserve 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 'right' and 'grantable', the secondary constraints of the public authorization theory require 'clear' and 'suitable authorized subject', 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 and vertical authorization and internal authorization and external authorization are also different. Strength is not the same.