قانون اساسی ویتنام: یک تحلیل زمینه‌ای (سیستم‌های قانونی جهان)

This new book examines constitutional debate and development in one of the most dynamic and rapidly changing societies in Asia, and will be of use to scholars and students of comparative law, comparative constitutional law and Asian law, and practitioners interested in Asia or in Vietnam. The book discusses and analyses the historical development, principles, doctrines and debates which comprise and shape Vietnamese constitutional law today, during a time of reform and debate. The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed view of how the constitution is arranged, how it works, and the main points of debate on it in Vietnamese society. It is written in an accessible style, with an emphasis on clarity and concision. The book discusses and analyses the origins of Vietnamese constitutional thought; the first (1946) Constitution of independent Vietnam; Constitutional dialogue and debate in the late 1940s and 1950s, including the work of dissidents in the 1950s; the 1959 Vietnamese Constitution; constitutional dialogue and debate in the 1960s and 1970s; the 1980 Constitution; the rise of doi moi (renovation) and debates over constitutionalism in the 1980s; the 1992 Constitution, including the role of legislative, executive and judicial sectors, constitutional power and enforcement, constitutional rights and obligations, and other issues; constitutional dialogue and debate in the 1990s; the constitutional debate and revision process of 2001 and the current Vietnamese Constitution the rise of debate over judicial independence and constitutional enforcement and review in Vietnam; comparison to constitutional developments and debates in China; constitutions and constitutional issue in the former South Vietnam; the links and tensions between state and party constitutions; and concluding analysis of 60 years of the development of Vietnam's Constitution and constitutionalism. Prelims Acknowledgements Contents Introduction 1 Key Themes in Vietnam’s Constitutions and Constitutional Debates Introduction The special problem of party constitutions The death of south vietnam's constitutions - and the beginnings of re-reading in vietnam today Further reading 2 The 1946 Constitution: A Charter for Independence and Unity The ethos of the 1946 constitution Rights and duties in the 1946 constitution The economic system The role of the legislature and its standing committee referenda and recall processes in the 1946 constitution The role of the president The government Local government The judiciary Interpretation, enforcement and amendment of the constitution The 1946 constitution on the light of history The aftermath of the 1946 constitution Further reading 3 The 1959 Constitution: A Charter for Socialism in the North Defining the nation in the 1959 constitution The economic and social system of early socialism Rights and duties of citizens The role of the national assembly in a socialist state The role of the president The role and the functions of the government The challenges of local government The role of the judiciary and procuracy Amendment and revision of the constitution The problems of referenda and recall - and democratic decline in the 1959 constitution The 1959 constitution and the years after Further reading 4 The 1980 Constitution: A Charter for Reunification under Socialism The relationship between the party and the constitution The role of the national assembly, local people's councils and mass organisations The role of government and executive agencies Economic policy in an era of socialism The rights and obligations of citizens The roles of the courts and procuracies Key problems in implementing the constitution The 1980 constitution in historical perspective Further reading 5 The 1992 Constitution: A Charter for Renovation (Doi Moi) The framework of the 1992 constitution The preamble: setting the stage by reviewing vietnamese history and the role of the constitution The political system: the role of the communist party The political system: institutional elements The economic system Culture, education, science and technology Rights and duties of citizens The national assembly The state president The government Local people's councils and people's committees The courts and the procuracy The national flag, emblem, national anthem, capital and national day The contentious 1990s in vietnam and the constitution Further reading 6 Revising the 1992 Constitution: Debates and Decisions after Fifteen Years of Renovation (Doi Moi) The implications of constitutional debate The process of revising the 1992 constitution Broadening the debate Channelling the debate and agreeing on constitutional amendments Continuing the debate at the national assembly The 2001 revisions to the 1992 constitution Dealing with difficult and controversial amendments The aftermath of the constitutional amendment process Further reading 7 Implementing Constitutional Guarantees: The Problem of Associational Rights Freedom of association and its implementation in vietnam The role of associations and other voluntary organisations Control mechanisms in the legal regulation of social organisations, 1946-90 Opening channels for social organisations through the transition from 'approval' to 'registration' in the 1992 science and technology decree Recognition of social organisations in the 1995 civil code The long road toward the constitutional guarantee of freedom of association: the law on associations in vietnam The battleground of the 2003 decree on the organisation, operation and management of associations Debating the constitutional guarantee: the conflicts over the law on associations Detailing the constitutional guarantee: the alternative draft law on associations (2005-06) Conflict, denouement - and beginning again Awaiting the constitutional guarantee of freedom of assication Implementing the constitutional guarantee: key issues for the future Fighting for civil society? constitutionalism and the conflict over the law governing freedom of association Further reading 8 The Problem of Judicial Independence in a Party–Dominated State The do son land case and the emergence of juducial interference onto the public stage SIdestepping a constitutional guarantee through policy and official letters (cong van) Judicial interference unresolved The long and tortuous road ahead for judicial independence in vietnam Demanding results from the courts, not seeking their autonomy Official letters and the perversion of judicial autonomy Party regulation versus the constitutional guarantee of judicial autonomy The results of do son Lifting the veil on interference with the judiciary and legal process Further reading 9 Enforcing the Constitution: The Debate over ‘Constitutional Protection’ and a Constitutional Court Early discussion of constitutional review, enforcement and protection in vietnam (1946-57) Constitutional supervision and enforcement (1959-92) The 1992 constitutional framework and beyond: constitutional enforcement and review in the vietnamese constitutional scheme The constitutional revision of 2000-01 and the debate on constitutional review and enforcement The renewed discussion of constitutional review after the 2001 constitutional revisions The current debate: delineating options and debating structures for constitutional 'protection', enforcement and review Constitutionality and the hierarchy of law: the problem of over-reaching local and ministry legislation and legal documents Motorcycle rights: constitutionalism hits the streets in hanoi and the implications for constitutional review and enforcement Moving forwards on constitutional debate The future of constitutional review and enforcement in vietnam Further reading Afterword: The Future of the Vietnamese Constitution Bibliography Index This Text Examines Constitutional Debate And Development In One Of The Most Dynamic And Rapidly Changing Societies In Asia, And Will Be Of Use To Scholars And Students Of Comparative Constitutional Law And Practitioners Interested In Vietnam And Southeast Asia. Key Themes In Vietnam's Constitutions And Constitutional Debates -- The 1946 Constitution : A Charter For Independence And Unity -- The 1959 Constitution : A Charter For Socialism In The North -- The 1980 Constitution : A Charter For Reunification Under Socialism -- The 1992 Constitution : A Charter For Renovation (doi Moi) -- Revising The 1992 Constitution : Debates And Decisions After Fifteen Years Of Renovation (doi Moi) -- Implementing Constitutional Guarantees : The Problem Of Associational Rights -- The Problem Of Judicial Independence In A Party-dominated State -- Enforcing The Constitution : The Debate Over 'constitutional Protection' And A Constitutional Court -- Afterword : The Future Of The Vietnamese Constitution. Mark Sidel. Includes Bibliographical References And Index.