Why Do Countries Decide not to Adopt Constitutional Review ? The Case of Vietnam
Chapter in an edited book (author)

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AbstractThis chapter argues that there is a Resistance Model in constitutional review design. The institution of constitutional review is resisted not merely because it is unsuitable or there are better alternatives, but because there is a weighty consideration of constitutional review as a threat to the political elite’s preferences. As the case of Vietnam illustrates, some influential political elites, drawing from past and contemporary experiences, intentionally construct a negative image in which constitutional review presents dangers to their own preferences, for the sake of which they resist it. This Resistance Model is not hegemonic in the Vietnamese discourse on constitutional review but is consequential in that this negative imagination practically induces an uncertainty among constitutional decision-makers about the future effects of constitutional review in Vietnam, which effectively results in its rejection
All Author(s) ListBui Ngoc Son
All Editor(s) ListAlbert Chen, Andrew Harding
Book titleConstitutional Courts in Asia: A Comparative Perspective
Series TitleComparative Constitutional Law and Policy
PublisherCambridge University Press
Place of PublicationUK
Pages335 - 364
LanguagesEnglish-United Kingdom

Last updated on 2019-24-04 at 09:35