Socialist Law in Socialist East Asia

Fu, Hailing; Gillespie, John; Nicholson, Pip; Partlett, William

doi:10.1017/9781108347822.001

DOI: 10.1017/9781108347822.001

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Socialist Law in Socialist East Asia

Hailing Fu

John Gillespie²,

Pip Nicholson

et al.

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Cited by 3 publications

(1 citation statement)

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“…The authors discuss the extent of the socialist ideological influence on the country's impressive growth performance and its future course [6]. Rather than experiencing a linear transition out of socialism, Vietnam is undergoing a highly variegated and complex transformation of socialism [7,8]. Nghia points out that while Vietnam's Constitution 2013, which contains the seeds of future political and legal guarantees for protection of individual liberties, fails to lay down the foundations for far-reaching comprehensive institutional reforms due to ambiguity in terms of people's ownership of land and natural resources [9].…”

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Understanding the Socialist-Market Economy in Vietnam

Nguyen

2022

Emerg Sci J

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The economic reform started in 1986 has transformed Vietnam from one of the world’s poorest countries 35 years ago to a lower middle-income country (MIC) in 2010. Poverty rates dropped from 70% in 1986 to below 2% in 2021. The transition from a central planning system to a socialist market economy is the fundamental underlying factor of Vietnam's success. Using the historical institutional framework that Lee (2018) [1] developed, this study aims to explore the country’s transition from a central planning system to a socialist market economy over the past three decades. The findings demonstrate that the country’s transition to a socialist market economy has been taking a gradualism and dualism path like China. In addition, the study also illustrates how the economic reform and globalization processes pushed the institutional transformation in Vietnam to meet the demands of multiple economic sectors and ownerships as well as accommodate international commitments that the country entered. Finally, Vietnam has been cautious in its political reform over the past few decades. Yet, this is inevitable as a result of the country’s socio-economic development process as well as the global and regional rapid changing context. The implications for Vietnam include: (i) Vietnam needs to transform its growth model toward a knowledge-based, higher-added-value, and more environmentally-friendly pattern; (ii) while there is significant progress in institutional transformation, bottlenecks and challenges remain. This should be addressed effectively to unlock the country’s potential; (iii) political system reform is inevitable as conditions are mature. Domestic demands and international requirements are putting increasing pressure on the changes. However, this process will likely move forward and take place within the political system rather than by civil society or outsiders. Doi: 10.28991/ESJ-2022-06-05-03 Full Text: PDF

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confidence: 99%

Understanding the Socialist-Market Economy in Vietnam

Nguyen

2022

Emerg Sci J

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Book Notes

2019

Law Soc. Inq.

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Beyond Sham: The North Korean Constitution

Goedde¹

2020

Asian Perspective

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The Constitution of the Democratic People's Republic of Korea is often dismissed as a valid legal instrument within the larger framework of the North Korean legal system. This is an unsurprising outcome given the portrayal of North Korea as a totalitarian dictatorship, documented human rights abuses, and the lack of access to the country's lawmaking processes. It is also a foreseeable result if comparisons are made to liberal democratic constitutions where rights guarantees and judicial review are defining elements. However, the North Korean Constitution deserves more nuanced scrutiny in light of evolving research on socialist and authoritarian constitutionalism in Asia. This article argues that the DPRK Constitution should be included more substantively within the analytical frameworks of Asian, socialist, and authoritarian constitutionalism by virtue of how it functions to nation-build, legitimate institutional leadership, signal ideological shifts, regulate society on collectivist, duty-based principles, and guide economic reforms for development and modernization.

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Socialist Law in Socialist East Asia

Cited by 3 publications

References 26 publications

Understanding the Socialist-Market Economy in Vietnam

Understanding the Socialist-Market Economy in Vietnam

Book Notes

Beyond Sham: The North Korean Constitution

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