Contributions to the Constitution: The mechanism for controlling power needs to be clear and transparent

The issue of controlling state power has been the aspiration of progressive humanity for thousands of years. Only by means of a mechanism to truly control state power in its true sense can the entire operation of the public authority apparatus and its officials voluntarily operate in accordance with the Constitution and the law, and can we avoid the degeneration of power with unacceptable risks in a true rule of law state.

One of the important new points and clear progress of the draft amendment to the 1992 Constitution that has just been announced is the issue of building a socialist rule-of-law state. It can be said that the content of the rule-of-law state has been specifically and consistently expressed in the draft amendment to the 1992 Constitution, especially the provisions on the functions, tasks and powers of state agencies. Compared to the 1992 Constitution, the draft amendment to the new Constitution has clearly defined the agencies exercising legislative, executive and judicial powers, so the division of authority of each agency is quite complete, correct and transparent. However, the control of power between agencies in the draft amendment to the 1992 Constitution needs to be clearly defined.

Studying the draft amendment to the 1992 Constitution, we see that many specific manifestations of power supervision have been shown in this document, for example: The National Assembly is the legislative body, but for laws to take effect, they must be approved and promulgated by the President. The President has the right to stop the promulgation of laws. The Government proposes that the National Assembly decide on the making of laws, but the Government also has the right to propose stopping the making of laws or amending the contents that the National Assembly has decided because they may be difficult to implement in practice. The Government also has the right to supervise the judicial activities. However, in the draft amendment to the 1992 Constitution, the mechanism for supervision and control of power between the three legislative, executive and judicial bodies is still unclear and not transparent. For example, according to the draft amendment to the Constitution, in addition to the constitutional mechanism, there is no additional institution to control the National Assembly. Should we give the President more power to request the National Assembly to review laws before promulgation?

On the other hand, the draft amendment to the 1992 Constitution still lacks a specialized agency to supervise the executive branch. In fact, the Government Inspectorate is an internal agency of the executive branch. There is no independent supervisory system to supervise the executive branch. There should be an agency to perform this function.

There are usually three ways to control State power: one is mutual control from within, two is control from the people through direct democracy and social organizations, and three is through independent professional institutions. The new Constitution needs a mechanism to control State power from the three ways mentioned above.

PHU THO (Campaign-Strategy Student, National Defense Academy)

According to People's Army