The Constitution of Vietnam A Contextual Analysis

Author: Mark Sidel
Publisher: Hart Publishing
ISBN: 9781841137391
Published In: September 2009
Format: Paperback , 234 pages
Jurisdiction: Vietnam ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 constitutional law and practitioners interested in Vietnam and Southeast Asia. The book discusses and analyzes the historical development, principles, doctrines and debates which comprise and shape Vietnamese constitutional law today. 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 analyzes:-

the origins of Vietnamese constitutional thought in indigenous, Chinese, French, Russian and other traditions;
the first (1946) Constitution of independent Vietnam;
Constitutional dialogue and debate in the late 1940s and 1950s, including the "Nhan van Giai pham" debates of the late 1950s;
the 1959 Vietnamese Constitution;
constitutional dialogue and debate in the 1960s and 1970s;
the 1980 Constitution;
the rise of doi moi (renovation) in the 1980s, its implications for constitutionalism in Vietnam, 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 (as amended);
the rise of new constitutionalist movements and calls for constitutional enforcement and review in Vietnam;
comparison to constitutional developments and debates in China;
and concluding analysis of sixty years of the development of Vietnam's Constitution and constitutionalism.

Mark Sidel is Doyle-Bascom Professor of Law and Public Affairs at the University of Wisconsin.

Compared with the detailed and extensive western literature about constitutional change in non-socialist Asia, surprisingly little has been written about constitutional issues in Vietnam. In this book Mark Sidel, a renowned legal scholar in Vietnam, has successfully addressed this omission by presenting a rich and absorbing analysis of constitutional change.

This book comes highly recommended as a history of constitutional change in Vietnam; it also provides important insights into the future direction of constitutional reform. It will be of use to both legal and Asian studies students and scholars.
John Gillespie
The Law and Politics Book Review
June 27, 2010

Covering its history decade by decade, “The Constitution of Vietnam” proves to be a fascinating and very highly recommended read, an ideal addition to any law or history collection.
James A. Cox
The Midwest Book Review
June 2010