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CONSTITUTIONAL LAW Ta Diu Thuong, LLM International University - HCMC National University
CONSTITUTION Constitution is a supreme codified written legal document in which defines: fundamental political principles; establishes: the structure, procedures, powers and duties of a government; provides and guarantees certain rights to the people
CONSTITUTIONAL LAW 1. Is the most significant branch of Vietnamese legal system. It’s also direct source of other branches; 2. Comprises of all legal regulations, starting from highest law (Constitution) to the lower ones relating to its subject matter; 3. Subject matter: basic social relations related to State power such as: political & economic foundations, basic rights and obligations of citizens, State administrative apparatus, and other rights arising from state’s sovereignty, rights to change and establish foundations of legal system. . . 4. Supreme legal document - Constitution
Constitutional law - HISTORY Ancient time: 2300 BC - Code of Justice: issued by the Sumerian King of Lagash. It allowed and protected some rights to his citizens, providing certain regulations on its political regime. Hamurabi Code (1760 BC) – a collection of laws in Babylon that still well reserved until today. It contains legal regulations and political-economic principles.
Constitutional law - HISTORY ROMAN EMPIRE 1. First codified Constitution: Twelve Tables. 2. Single code until the Codex Theodosianus (AD 438); 3. Eastern Empire adopts the Codex repetitæ prælectionis (A. D. 534). It was highly influential throughout Europe.
Constitutional law - HISTORY Midle East - Asia (Acient time) Ancient India (3 s-BC) “The Eddicts of Ashoka” constitutional principles for Maurya king's rule. Japan: 604 BC, Seventeen-article Constitution, reportedly by Prince Shōtoku. One of the earliest in the region. Influenced by budidsh teachings, this focuses more on social morality, with little concerns on institutions of Govt Muslim: 622 AC, Constitution of Medina, drafted by the prophet of Islam Muhamad*. One of the earliest constitutions which guarantees basic rights to religions and adherents as well as reinforcing a judiciary process regarding the rules of warfare, tax and civil disputes.
Constitutional law - HISTORY Middle Age England, 1215: King John adopted Magna Carta. Most important principle (article 39) “the King was not permitted to imprison, outlaw, exile or kill anyone at a whim — there must be due process of law first” China, 1375: Hong Wu Emperor issued Ancestral Injunctions These rules served in a very real sense as a constitution for the Ming Dynasty for the next 250 years.
Contemporary Constitutions 1. San Marino*, 1600 - remains in force until today. Consists of 62 articles covering wide subjects. 2. North American (Connecticut), 1639, Fundamental Orders. It is considered the first constitution of the region. 3. The United States*, 1789, The US Constitution was influenced by the British constitutional and political systems. § France, 1791, Constitution 2. * Nowadays, almost every state in the world have a codified constitution, except for the United Kingdom, Israel and New Zealand.
Constitutional law - VIETNAM 1. 1946: A. September 2 nd 1945 President Ho announced Independence Declaration B. November 9 th , 1946 the first constitution was adopted by the National Assembly C. Includes 7 chapters, 70 articles 1954: Geneva Agreement has been signed thanks to Dien Bien Phu victory. 2. 1959: Constitution of the Democratic Republic of Vietnam, adopted on January 1, 1960. It consisted of X chapters, 112 articles
Constitutional law - VIETNAM 1975: The reunification of North and South Vietnam 3. 1980: Constitution of the Socialist Republic of Vietnam, adopted on December 19, 1980 Includes XII chapters, 147 articles
Constitutional law - VIETNAM The consequence of the policy of economic liberalization “Doi Moi” started in 1986. 4. April 15 th, 1992: Constitution of the socialist Republic of the Vietnam includes XII chapters, 147 articles
Vietnam Constitution 1992 Establishes: 1. Political regime; 2. Economic system; 3. Social and cultural institutions. Deals with: National defense and security; Provides with: 1. Fundamental rights/obligations of the citizens; 2. Structure and principles of organization and activity of State organs; Institutionalizes: Relationship between the Party as leader, the people as master, and the State as administrator.
Constitutional law Vietnam Constitution 1992 12 chapters, 147 articles Chapter 1 -3: Political, economic, social, cultural, education and sciencetechnology regimes; Chapter IV: Protection of Motherland; Chapter V: Basic rights and obligations of citizens; Chapter VI-X: State apparatus Chapter XI & XII: National flag, hymn and enforcement and amendment procedure to the Constitution
Vietnam Constitution 1992 - MAIN CONTENTS Political regime – set of basic principles to exercise State power. SOCIALIST REPUBLIC! Economic regime – system of economic relations. It expresses nature and form of ownership as to production materials, distribution and consumption of goods and organization of economic management. ü MARKET ECONOMY with Socialism orientation ü State, cooperative and private ownership
Vietnam Constitution 1992 - MAIN CONTENTS 1. Policies towards culture, education and science-technology Chapter III (art 30 -40)
Vietnam Constitution 1992 2. Basic rights and obligations of Citizens Relationship between State and citizens are usually expressed in the way how State defines rights and obligations of its Citizens. Rights: “EVERYONE IS EQUAL BEFORE LAW!” A. Political B. Economic, cultural and social C. Rights of democracy & personal freedom D. Obligations of citizens
Vietnam Constitution 1992 Basic rights and obligations of Citizens 1. Obligations A. B. C. D. (chapter V) Show loyalty to and ready to protect Motherland Respect and protect the properly of the State and the public interest Obey the Constitution and laws Pay taxes and perform publicinterest labour days.
Constitutional law Vietnam Constitution 1992 Basic rights and obligations of Citizens: 5. A Some other rights in details: A. Rights and obligations to protect Motherland B. Rights of “Physical inviolability”, residence and privacy protection; C. Rights to lodge complaints and denunciations with the competent State authorities
Administrative system of Vietnam Ø Ø Ø Legislative Branch Ø National Assembly Is the highest State authority Exercises state activities’ supervision Has 14 legislative and supervision duties (art 84 of Constitution) Operates in 5 -year term, meets twice a year and has its standing committee Appoints President, PMs, chief prosecutor of SP Court, Supreme People’s Office of Supervision and Control, and 21 -member cabinet.
Administrative system of Vietnam Judicial Branch: Supreme People's Court - highest judicial body. supervises lower-level courts under the authority of the NA, judges are appointed by NA for 5 -year terms. Local People’s Courts deal with legal issues (labour and individual disputes) at the district precinct levels. Report to provincial or municipal governments. Military Tribunal - criminal military cases Other tribunals, incl Special tribunal set up by NA
Administrative system of Vietnam Executive Branch: Government: Executive body of NA Highest administrative body * has 11 duties * Comprises of PM, deputy PMs, Ministers (and ministry-level bodies) and other members.
Constitutional law Administrative system of Vietnam Executive Branch: President
Constitutional law Administrative system of Vietnam Executive Branch: People’s Council* is: - State authorities in respective localities - Elected by local population People’s Committee is: - Executive agency of the respective PCs - Elected by People’s Councils - Take decision, give instructions and supervise their implementation