Precedent in administrative litigation in Vietnam: A review of one-decade development and prospects
Abstract
Although precedent has been recognised in Vietnam officially for nearly a decade, there remain theoretical issues related to case law in administrative litigation. This article explores the development of theoretical conceptualisation regarding case law in administrative litigation, particularly the theories and principles on constructing and developing case law as a source of law in administrative litigation activities. In practice, the article highlights the challenges and prospects in the development and application of precedent in administrative litigation in Vietnam in the near future, thereby also providing an overview of the development of case law in judicial activities. The article suggests that precedent in administrative litigation can play an important role and have significant impact in enhancing the judicial mechanism that controls executive power, considering the key objectives set by the 13th Central Committee of the Communist Party to improve the legal system and the mechanism of controlling state power.
