4st_constitutional law08 lec3

8/8/2019 4st_Constitutional Law08 Lec3

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CONSTITUTIONAL LAWCONSTITUTIONAL LAW

Ta Diu Thuong, LLM

International University - HCMC National University


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CONSTITUTIONCONSTITUTION

Constitution is a supreme codifiedwritten legal document in which

defines: fundamental politicalprinciples;

establishes: the structure, procedures,powers and duties of a government;

provides and guarantees certain rightsto the people

Constitution is a supreme codifiedwritten legal document in which

defines: fundamental politicalprinciples;

establishes: the structure, procedures,powers and duties of a government;

provides and guarantees certain rightsto the people


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CONSTITUTIONAL LAWCONSTITUTIONAL LAW

1.Is the most significant branch of

Vietnamese legal system. Its also directsource of other branches;

2. Comprises of all legal regulations, startingfrom highest law (Constitution) to the lower

ones relating to its subject matter;3. Subject matter: basic social relationsrelated to State power such as: political &economic foundations, basic rights and

obligations of citizens, State administrativeapparatus, and other rights arising fromstates sovereignty, rights to change andestablish foundations of legal system...

4. Supreme legal document - Constitution

1.Is the most significant branch of

Vietnamese legal system. Its also directsource of other branches;

2. Comprises of all legal regulations, startingfrom highest law (Constitution) to the lower

ones relating to its subject matter;3. Subject matter: basic social relationsrelated to State power such as: political &economic foundations, basic rights and

obligations of citizens, State administrativeapparatus, and other rights arising fromstates sovereignty, rights to change andestablish foundations of legal system...

4. Supreme legal document - Constitution


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Constitutional law - HISTORYConstitutional law - HISTORY

1. Ancienttime:

2300 BC- Code of Justice:2. HamurabiCode (1760 BC)3. ROMAN EMPIREa. 1. First codified Constitution: Twelve Tables.

b. Single code until the Codex Theodosianus (AD 438);

c. Eastern Empire adopts the Codex repetit

pr

lectionis (A.D.534). It was highly influential throughout Europe.

4. Ancient India (3s-BC) The Eddicts of Ashokaconstitutional principles for Maurya king's rule.

5. Japan: 604 BC, Seventeen-article Constitution,reportedly by Prince Shtoku.

6. Muslim: 622 AC, Constitution of Medina, draftedby the prophet of Islam Muhamad.

7. MIDLE AGE:A. England, 1215:King John adopted Magna

Carta. Most important principle laid out by Art.39.

B. China, 1375: Hong Wu Emperor issuedAncestral Injunctions

1. Ancienttime:

2300 BC- Code of Justice:2. HamurabiCode (1760 BC)3. ROMAN EMPIREa. 1. First codified Constitution: Twelve Tables.

b. Single code until the Codex Theodosianus (AD 438);

c. Eastern Empire adopts the Codex rep

etit

pr

lectionis (A.D.534). It was highly influential throughout Europe.

4. Ancient India (3s-BC) The Eddicts of Ashokaconstitutional principles for Maurya king's rule.

5. Japan: 604 BC, Seventeen-article Constitution,reportedly by Prince Shtoku.

6. Muslim: 622 AC, Constitution of Medina, draftedby the prophet of Islam Muhamad.

7. MIDLE AGE:A. England, 1215:King John adopted Magna

Carta. Most important principle laid out by Art.39.

B. China, 1375: Hong Wu Emperor issuedAncestral Injunctions


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Constitutional law - HISTORYConstitutional law - HISTORY8. ContemporaryConstitutionsa. San Marino*, 1600 - remains in force until

today. Consists of 62 articles covering widesubjects.

b. North American (Connecticut), 1639,Fundamental Orders. It is considered the

first constitution of the region.C. The United States*, 1789, The USConstitution was influenced by the Britishconstitutional and political systems.

D. France, 1791, Constitution

* alm

ost every state in the world have a codifiedconstitution, except for the United Kingdom,Israel and New Zealand.

8. ContemporaryConstitutionsa. San Marino*, 1600 - remains in force until

today. Consists of 62 articles covering widesubjects.

b. North American (Connecticut), 1639,Fundamental Orders. It is considered the

first constitution of the region.C. The United States*, 1789, The USConstitution was influenced by the Britishconstitutional and political systems.

D. France, 1791, Constitution

* alm

ost every state in the world have a codifiedconstitution, except for the United Kingdom,Israel and New Zealand.


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Constitutional law - VIETNAMConstitutional law - VIETNAM

1. 1946:

September2nd 1945 PresidentHo announced IndependenceDeclaration

November 9th , 1946 the firstconstitution was adopted bythe

National Assembly Includes 7 chapters, 70articles

1. 1946:

September2nd 1945 PresidentHo announced IndependenceDeclaration

November 9th , 1946 the firstconstitution was adopted bythe

National Assembly Includes 7 chapters, 70articles


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1954:Geneva Agreement has been signedthanks to Dien Bien Phu victory.

2. January 1,1960: ConstitutionoftheDemocratic Republicof Vietnam wasadopted andincluded X chapters,112 articles

1954:Geneva Agreement has been signedthanks to Dien Bien Phu victory.

2. January 1,1960: ConstitutionoftheDemocratic Republicof Vietnam wasadopted andincluded X chapters,112 articles


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1975: Thereunificationof NorthandSouth Vietnam

3. December 19,1980:ConstitutionoftheSocialistRepublicof Vietnam was

adopted andincluded XIIchapters, 147 articles

1975: Thereunificationof NorthandSouth Vietnam

3. December 19,1980:ConstitutionoftheSocialistRepublicof Vietnam was

adopted andincluded XIIchapters, 147 articles


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Theconsequenceofthe policyofeconomicliberalization Doi Moi

startedin 1986.4. 1992: Constitutionofthesocialist

Republicofthe Vietnam wasadoptedonApril 15th, 1992

Includes XII chapters, 147 articles

Theconsequenceofthe policyofeconomicliberalization Doi Moi

startedin 1986.4. 1992: Constitutionofthesocialist

Republicofthe Vietnam wasadoptedonApril 15th, 1992

Includes XII chapters, 147 articles


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VietnamConstitution 1992VietnamConstitution 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 thecitizens;

2. Structure and principles of organizationand activity of State organs;

institutionalizes:

Relationship between the Party as leader,

the people asm

aster, and the State asadministrator.

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 thecitizens;

2. Structure and principles of organizationand activity of State organs;

institutionalizes:

Relationship between the Party as leader,

the people asm

aster, and the State asadministrator.


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Constitutional lawVietnam Constitution 1992

Constitutional lawVietnam Constitution 1992

12chapters, 147 articles

Chapter 1-3: Political, economic, social,cultural, education and science-technology regimes;

Chapter IV: Protection of Motherland;

Chapter V: Basic rights and obligationsof citizens;

Chapter VI-X: State apparatusChapter XI & XII: National flag, hymnand enforcement and amendmentprocedure to the Constitution

12chapters, 147 articles

Chapter 1-3: Political, economic, social,cultural, education and science-technology regimes;

Chapter IV: Protection of Motherland;

Chapter V: Basic rights and obligationsof citizens;

Chapter VI-X: State apparatusChapter XI & XII: National flag, hymnand enforcement and amendmentprocedure to the Constitution


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Vietnam Constitution 1992 - MAINCONTENTS


Politicalregime set of basic principles toexercise State power.

SOCIALIST REPUBLIC!

Economicregime:

1. MARKET ECONOMY with Socialismorientation

2. State, cooperative and private ownership

Politicalregime set of basic principles toexercise State power.

SOCIALIST REPUBLIC!

Economicregime:

1. MARKET ECONOMY with Socialismorientation

2. State, cooperative and private ownership


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1. Policiestowardsculture,education

andscience-technology

Chapter III (art 30-40)

1. Policiestowardsculture,education

andscience-technology

Chapter III (art 30-40)


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Vietnam Constitution 1992Vietnam Constitution 1992

2. Basicrights andobligationsofCitizens

A. Rights:

EVERYONE IS EQUAL BEFORE LAW!

a. Political

b. Economic, cultural and social

c. Rights of democracy and personal freedom

d. Obligations of citizens

2. Basicrights andobligationsofCitizens

A. Rights:

EVERYONE IS EQUAL BEFORE LAW!

a. Political

b. Economic, cultural and social

c. Rights of democracy and personal freedom

d. Obligations of citizens


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Vietnam Constitution 1992Basicrights andobligationsofCitizens

Vietnam Constitution 1992Basicrights andobligationsofCitizens

B. Obligationsofcitizens(chapter V):

a. Show loyalty to and ready to protectMotherland

b. Respect and protect the properly ofthe State and the public interest

c. Obey the Constitution and laws

d. Pay taxes and perform public-interestlabour days.

B. Obligationsofcitizens(chapter V):

a. Show loyalty to and ready to protectMotherland

b. Respect and protect the properly ofthe State and the public interest

c. Obey the Constitution and laws

d. Pay taxes and perform public-interestlabour days.


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Constitutional law -Vietnam Constitution 1992

Basicrights andobligationsofCitizens:

Constitutional law -Vietnam Constitution 1992

Basicrights andobligationsofCitizens:

A.5 Some other rights in details:

Rights and obligations to protectMotherland

Rights of Physical inviolability,residence and privacy protection;

Rights to lodge complaints anddenunciations with the competentState authorities

A.5 Some other rights in details:

Rights and obligations to protectMotherland

Rights of Physical inviolability,residence and privacy protection;

Rights to lodge complaints anddenunciations with the competentState authorities


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Constitutional lawAdministrative system of Vietnam

Constitutional lawAdministrative system of Vietnam

Legislative Branch National Assembly

Legislative Branch National Assembly


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Administrative system of VietnamAdministrative system of Vietnam

Judicial Branch:

Supreme People'sCourt- highestjudicial body.

Local PeoplesCourtsMilitary Tribunal- criminal militarycases

Othertribunals,incl Special tribunal set

up by NA

Judicial Branch:

Supreme People'sCourt- highestjudicial body.

Local PeoplesCourtsMilitary Tribunal- criminal militarycases

Othertribunals,incl Special tribunal set

up by NA


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Executive Branch:

Government:

* has 11 duties* Comprises of PM, deputy PMs, Ministers(and ministry-level bodies) and othermembers.

Executive Branch:

Government:

* has 11 duties* Comprises of PM, deputy PMs, Ministers(and ministry-level bodies) and othermembers.

Executive body

of NAHighest administrative

body


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Executive Branch:

President

(Art. )

Executive Branch:

President

(Art. )


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Executive Branch:

PeoplesCouncil

PeoplesCommittee

Executive Branch:

PeoplesCouncil

PeoplesCommittee


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KEY TERMSKEY TERMS

1. Constitution

2. Political principles

3. Government

4. Judicial, executive and legislativebranches

5. Citizenship

6. National Assembley

7. President8. Prime Minister

9. Peoples Council and Peoples Committee

10. Supreme Court

11. Democracy

1. Constitution

2. Political principles

3. Government

4. Judicial, executive and legislativebranches

5. Citizenship

6. National Assembley

7. President8. Prime Minister

9. Peoples Council and Peoples Committee

10. Supreme Court

11. Democracy

4st_constitutional law08 lec3

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