Politics

Contents of 2013 Constitution consistent with reality, international law: symposium

Ten years after its enforcement, many contents of the 2013 Constitution have proved to be consistent with the objective reality and international law, heard a symposium held by the Ho Chi Minh City University of Law on October 16.
Contents of 2013 Constitution consistent with reality, international law: symposium ảnh 1An overview of the symposium (Photo: VNA)
HCM City (VNA) - Ten years after its enforcement, many contents ofthe 2013 Constitution have proved to be consistent with the objective reality andinternational law, heard a symposium held by the Ho Chi Minh City University ofLaw on October 16.

Nguyen Mai Anh, lecturer at the Faculty of State and AdministrativeLaw, emphasised that this is the first Constitution to officially set a principle on therestriction of human rights. Clause 2, Article14 stipulates that “Human rights and citizen rights can only be limited inaccordance with the provisions of law in necessary cases for reasons ofnational defence and security, social order and safety, social ethics, andpublic health."

This principle has become a “lodestar” that impacts allother regulations in the Constitution and is the most important legal basis forinstitutionalising the contents related to restricting human rights and citizen rightsin specialised laws in Vietnam at present, she stated. 

According to Anh, in international law, among the reasons to limit fundamentalrights, “protection of public order” is one of the most popular grounds. The lecturersaid that Article 29 of the Universal Declaration of Human Rights stipulates “Inthe exercise of his rights and freedoms, everyone shall be subject only to suchlimitations as are determined by law solely for the purpose of securing duerecognition and respect for the rights and freedoms of others and of meetingthe just requirements of morality, public order and the general welfare in ademocratic society”. As such, the stipulation in Vietnam's 2013 Constitution is compatible to international law and suits reality. 

The official recognition of the principle in the 2013Constitution not only affirms the Party and State's guidelines and policies inensuring human rights but also sets a legal framework for State agencies whenrestricting individuals’ rights in special cases, she added. 

Contents of 2013 Constitution consistent with reality, international law: symposium ảnh 2Prof. Dr. Tran Ngoc Duong, former deputy head of the National Assembly Office (Photo: VNA)
Prof. Dr. Tran Ngoc Duong, former deputy head of theNational Assembly Office, said that the 2013 Constitution for the first timeconstitutionalised the issue of controlling State power. Accordingly, Statepower, in addition to assignment and coordination, also contains the mutual control among agencies in the exercise of legislative, executive and judicial rights.

According to him, in order for State power to be effectivelycontrolled, it is necessary to continue improving the mechanism to controlState power, considering it a core goal in the process of building and perfecting a rule-of-law socialist state in the new stage./.
VNA
#2013 Constitution #Ho Chi Minh City University of Law #objective reality #international law #Vietnam #Vietnamplus #Vietnam News Agency
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