ABSTRACT
A theory of constitutional instrumentalism has dominated scholarly understanding of Vietnam's constitutions and other socialist and transitional socialist constitutions since the 1950s. In short, constitutional dialogue and constitutional amendment in a socialist transitional state like Vietnam serve both constitutionalist and authoritarian goals. Vietnam has adopted four constitutions since it declared independence from France in 1945 and established a socialist republic, first in the north and then extended to the south in 1975. The 2001 constitutional amendment process was intended clearly to resolve this debate, with the Party and the National Assembly leadership forcefully supporting a sharp reduction in the role of the public prosecutors to undertaking and improving public prosecution and inspection in the legal sector. One conflict centered on the extent to which constitutional language should be amended to reflect Vietnam's economic changes, with some emphasis on labor concern about the breadth of constitutional wording endorsing market-based competition and the freedom of business activity.
