Discussions on Public Law and “Rule-of-Law" Tradition in Germany and Britain

This article tries to analyze the relationship between public and “rule of from the perspectives of political philosophy and legal philosophy and point out that the different position and function of public in “rule of law tradition in Germany and “rule of common law in Britain respectively. The former is a kind of administration which has legislative reason as its basis while the latter is a kind of administration based on judicial reason. Given the Chinese situation, it is impossible to ignore Kantian Rechtssaat or Hegelian “ethical nation concerning the study of public law.