Restoration Constitutionalism and Socialist Asia

nhatbook-Restoration Constitutionalism and Socialist Asia-Bui Ngoc Son-2015

Tác giả: Bui Ngoc Son
Nguồn: Loy. L.A. Int’l & Comp. L. Rev.
Năm: 2015
Ngôn ngữ: English
Định dạng: pdf

In the course of political transformation in post-communist East Europe, many nations chose to return to the constitutional order predating the domination of communism, the phenomenon scholarly characterized as restoration constitutionalism.” Recently, China and Vietnam – two socialist nations in Asia – have witnessed the relatively similar phenomenon: past liberal constitutional values have been employed to struggle for constitutional reform, which challenges the communist status quo. This phenomenon is particularly striking in Vietnam in the circle of  connstitutional revision in the 2010s. This paper considers discourse of restoration constitutionalism in contemporary socialist Asia with particular focus on the case of Vietnam. The percept of this paper is that radical rupture is not a necessary condition for the operation of constitutionalism; instead, it is the constitutional continuity that provides the viability of constitutionalism. Discussing the discourse of restoration constitutionalism in China and Vietnam within this framework, the paper argues that restoration constitutionalism presents the new path of the development of constitutionalism in socialist Asia.



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