普通法的法治传统是世界法治传统的根袛。英格兰中世纪的法治观念对近现代法治精神及制度具有奠基性的作用。然而,英格兰这种立足于封建体制之上的法治传统的形成也并非一帆风顺,每每在那些属于英格兰的抉择时刻,一个王与法之间的平衡者,一个历史连续性的笃信者总在不遗余力地发挥着他守护法治的热情,此人乃是爱德华·柯克爵士。本文旨在分析柯克对英格兰法治传统的积极影响及其当代启示。 The common law tradition of rule of law is at the root of the rule of law in the world. The concept of the rule of law in England in the Middle Ages played a fundamental role in the spirit and system of the modern rule of law. However, the formation of the rule of law in England, based on the feudal system, was not always easy. From time to time in those decisions that belonged to England, a balance between the king and the law, an admirer of historical continuity, always spared no effort Playing his passion for the rule of law, Sir Edward Kirk. This article aims to analyze Kirk’s positive influence on England’s tradition of the rule of law and its contemporary implications.