Thẻ ghi nhớ: constitution | Quizlet

Concept of the Constitution

A set of rules that serve to:

Define the political regime( chế độ chính trị) of a state.

Define the relationship between the State and the individual (i.e., the extent of civil liberty, basic rights, and freedoms of citizens).

Establish the duties, powers, and functions of the various institutions of government.

Supreme Value

The Constitution is the supreme law of a state. This means that all other laws must not contradict the Constitution.

The State Apparatus( bộ máy nhà nước)

Cơ quan Lập pháp (Legislative Body - Quốc hội/Nghị viện),Cơ quan Hành pháp (Executive Body - Chính phủ/Nội các),Cơ quan Tư pháp (Judiciary Body - Tòa án),Cơ quan khác (Ví dụ tại Việt Nam)

Legislative Body

Function: The highest organ of state power.

Legislation: ban hành the Constitution and Laws.

Supreme Oversight over all state activities.(giám sát tối cao)

Decides on the nation's important issues (economic, social, defense).

Characteristic: Usually the body that represents the will and aspirations of the people.

Executive Body

Function: Executes(thực hiện ) Laws, Resolutions of the legislative body, and administers(điều hành ) administrative, economic, social, security, and defense affairs.

Organization: Usually comprises the Prime Minister (or President) and Ministries/Ministerial-level agencies.

judiciary body

Function: Adjudication (settles disputes and renders judgments).

Principle: During adjudication, Courts are independent and follow the law only.

Separation of Powers

Checks and Balances,Vietnamese State Model

Checks and Balances

Power is clearly divided into three branches (Legislative, Executive, Judiciary), and each branch has the power to check and limit the power of the other two to prevent abuse of power.

Vietnamese State Model

Applies the principle of distribution, coordination, and control among state agencies in the exercise of legislative, executive(hành pháp), and judicial powers. The National Assembly(quốc hội) is the highest organ of state power.