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Diverging Trends in the Socialist Constitutionalism of the People's Republic of China and Socialist Republic of Vietnam

34 Pages Posted: 3 Aug 2017 Last revised: 3 Oct 2017

Fu Hualing

The University of Hong Kong - Faculty of Law

Jason G. Buhi

Peking University School of Transnational Law; The University of Hong Kong Faculty of Law

Date Written: July 29, 2017

Abstract

This chapter provides an overview to comparative study of Sino-Vietnamese comparative constitutionalism by exploring the bases of three core, substantive pillars of socialist constitutionalism through the Sino-Vietnamese comparison: insistence on Party leadership, reliance on socialist rule of law, and adaptation to populism. After considering several examples of how constitutional rules are currently operating through political and popular constitutionalism in all three areas, we conclude that Vietnam is presently moving in a direction offering more prospects for convergence with international norms, as the current Vietnamese Party-state is relatively less politically monolithic, more open to the influence of international laws, and more tolerant of civil society than its Chinese counterpart. That being the case, we predict that Vietnam will likely continue to depart from the increasingly insular Chinese model of constitutional development for the foreseeable future.

Suggested Citation

Hualing, Fu and Buhi, Jason G., Diverging Trends in the Socialist Constitutionalism of the People's Republic of China and Socialist Republic of Vietnam (July 29, 2017). Peking University School of Transnational Law Research Paper No. 17-8; University of Hong Kong Faculty of Law Research Paper No. 2017/015. Available at SSRN: https://ssrn.com/abstract=3010724

Fu Hualing (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01245

Jason G. Buhi

Peking University School of Transnational Law ( email )

University Town,
Xili, Nanshan District
Shenzhen, Guangdong 518055
China

The University of Hong Kong Faculty of Law ( email )

Pokfulam, N/A
Hong Kong

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