Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

constitutional protection or constitutional review, an independent judiciary, and


human rights implementation.


However, I am not so starry-eyed as to think that Vietnam has become a mature


constitutionalist polity. InBuilding Constitutionalism in China, authors Ste ́phanie


Balme and Michael W. Dowdle conceive the development of constitutionalism


in China as “developmental potential, not developmental accomplishment.”^85


The same can be said of the construction of modern constitutionalism in Vietnam.


Vietnamese modern constitutionalism is in its incipient stages and promises more


development.


The future development of modern constitutionalism in Vietnam is ambiguous.


Due to globalization, Vietnamese communists will be compelled to be more


democratic in order to maintain legitimacy, but at the same time they will certainly


not self-destruct by radically internalizing Western liberal constitutionalist values.


To handle this dilemma, Vietnamese communist leaders may employ a pragmatic


approach to Western liberal constitutionalism. While socialist constitutional theory


fails to provide appropriate answers for the topical constitutionalist questions, they


will be forced to look outside, to the Western world, to pragmatically internalize


some Western liberal products. Concurrently, the communists will control consti-


tutionalist discourse and practices to ensure that these will not invite substantial


challenges to the socialist polity.


Finally, labeling Asian socialist political systems as “authoritarianism” or a


“constitution without constitutionalism” is too simplistic. The dynamics, both


complex and uncertain, of constitutionalism in socialist Asia should be soberly


heeded. This chapter will contribute to our comprehensive understanding of the


diverse expansion of constitutionalism in Vietnam and the varied globalization of


constitutionalism in Asia.


(^85) See Balme and Dowdle,Building Constitutionalism in China,p. 10.


218 Bui

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