The need for constitutional interpretation in Vietnam - The curren state of the law and some recommendations for improvement

Abstract

Constitutional interpretation ensures that laws are applied unitarily. Due to the unique characteristics of constitutions, onstitutional interpretation is also necessary for the protection of the Constitution and also the establishment of a Socialist Rule-of-law State. the 1959 Constitution expressly provided that The Office of the National Assembly (which is referred to as the State Council in the 1980 Constitution) has the right to explain the Constitution, but this office has never exercised the right of explaining the Constitution in practice. This article proposes the development of a separate legal mechanism for constitutional interpretation and authorise a Constitutional Court the power to interpret the Constitution.