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Contextualizing the Global Constitution-Making Process: The Case of Vietnam†

Contextualizing the Global Constitution-Making Process: The Case of Vietnam† AbstractOn November 28, 2013, the National Assembly of Vietnam adopted the nation’s new constitution, the culmination of a three-year constitution-making process. This study attempts to situate the Vietnamese experience within the global trend of constitution making in the twenty-first century. It argues that the constitution-making process in twenty-first century Vietnam is driven by an intricate interplay between global sources and norms and local and national concerns. The global sources and norms that inform the Vietnamese constitution-making process include: international pressures, the global emphasis on the significance of process in constitution making, universal constitutional questions, the international norm of public participation, and international involvement. At the same time, the Vietnamese constitution-making process is affected by the local context: the political context featuring the exclusive leadership of the Communist Party, the socioeconomic context featuring the long-term Đổi mới national program (“Renovation”), the institutional context featuring legislative supremacy, and the intellectual context featuring the prevailing socialist ideology. The interplay of global and local factors has resulted in a more open constitutional dialogue and a less authoritarian paradigm of constitutional imposition, which is constructive to constitutionalism in Vietnam. The Vietnamese experience suggests that more academic attention should be paid to the general relation of the constitution-making process to dialogic constitutionalism. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Contextualizing the Global Constitution-Making Process: The Case of Vietnam†

Ngoc Son, Bui
American Journal of Comparative Law , Volume 64 (4) – Dec 1, 2016
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Publisher
Oxford University Press
Copyright
© The Author [2017]. Published by Oxford University Press on behalf of the American Society of Comparative Law. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.1093/ajcl/avx005
Publisher site
See Article on Publisher Site

Abstract

AbstractOn November 28, 2013, the National Assembly of Vietnam adopted the nation’s new constitution, the culmination of a three-year constitution-making process. This study attempts to situate the Vietnamese experience within the global trend of constitution making in the twenty-first century. It argues that the constitution-making process in twenty-first century Vietnam is driven by an intricate interplay between global sources and norms and local and national concerns. The global sources and norms that inform the Vietnamese constitution-making process include: international pressures, the global emphasis on the significance of process in constitution making, universal constitutional questions, the international norm of public participation, and international involvement. At the same time, the Vietnamese constitution-making process is affected by the local context: the political context featuring the exclusive leadership of the Communist Party, the socioeconomic context featuring the long-term Đổi mới national program (“Renovation”), the institutional context featuring legislative supremacy, and the intellectual context featuring the prevailing socialist ideology. The interplay of global and local factors has resulted in a more open constitutional dialogue and a less authoritarian paradigm of constitutional imposition, which is constructive to constitutionalism in Vietnam. The Vietnamese experience suggests that more academic attention should be paid to the general relation of the constitution-making process to dialogic constitutionalism.

Journal

American Journal of Comparative Law – Oxford University Press

Published: Dec 1, 2016

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