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哈耶克的“三权五层”宪法依然是一种三权分立的模式。作为三种分立的权力,立法权、行政权和司法权相互独立并存。这是哈耶克心目中最为理想的宪政秩序,也是他所认可的“最能保护自由不受侵犯”的完美之国。
Hayek’s “three-power and five-fold” constitution is still a model of separation of powers. As three separate powers, legislative power, executive power and judicial power coexist independently of each other. This is the most ideal constitutional order in the minds of Hayek and he is also the perfect country to which “the protection of freedom is best preserved.”