Harnessing the wisdom and responsibility of the people in amending the Constitution.

(Baonghean)On January 2, 2013, the Committee for Drafting Amendments to the 1992 Constitution officially published the draft amendments to the 1992 Constitution through mass media to solicit broad public opinion. Accordingly, the target group for consultation included all segments of the population in the country and Vietnamese people residing abroad, as well as central and local agencies and organizations.

The purpose is to promote the people's right to self-governance, mobilize the people's intellect and dedication, create public consensus, and express the people's will and aspirations in amending the 1992 Constitution; and to raise awareness and responsibility of each individual, agency, and organization regarding the Constitution and its implementation.

The content for consultation includes the entire Draft, comprising: the Preamble; the political system; human rights; fundamental rights and obligations of citizens; economy, society, culture, education, science, technology, and environment; national defense; the state apparatus; the effectiveness of the Constitution and the process of amending the Constitution; and the technical presentation of constitutional provisions.

According to current law, before promulgating a legal document, drafting committees organize consultations with the public to varying degrees and scopes regarding the draft law. However, in a democratic regime—where all state power belongs to the people, and where participation in state management (including legislative and constitutional activities) is a fundamental right of citizens—the people have the right to express their opinions directly or indirectly on important national issues.

The people can have an opinion (and even make decisions) at every stage of the constitutional and legislative process. Accordingly, the people can identify and propose needs for legal adjustments, the content of legal adjustments, the content of draft laws, and at the highest level, the people decide to approve legal documents (referendum).

Thus, public consultation refers to processes and activities that influence the public, aiming to:

- To inform the public about the policies and views on a draft law so that the public understands the will and intentions of the lawmakers before the legal document is enacted.

- Seeking both consensual and critical feedback on the legal policies of a draft law provides lawmakers with the opportunity and conditions to address practical and objective weaknesses in the draft law. This is a valuable opportunity to ensure the principle of "bringing life into the law." Especially in a democratic system, transparency and social consensus, fostering public political engagement, are crucial prerequisites for stability and development in any country.

Thus, public consultation is a two-way process between lawmakers (representatives of the people) and their constituents. Gathering public opinion on the Constitution is a crucial issue because:

Firstly, the Constitution is the highest-ranking legal document, embodying at the highest level the spirit of popular sovereignty based on the principle that all power belongs to (or originates from) the people, reflecting the social contract context of all strata of society. Therefore, the "crystallization" of the people's true will in the Constitution is a minimum requirement for any constitution.

Secondly, those tasked with drafting the Constitution had no basis or authority to claim that they had correctly and fully identified and recorded the aspirations of the people without "consulting" the people further.

Thirdly, the Constitution is the "authoritative document" of the people to the State, granting the State a specific system of people's power, defining the division, coordination, and control of power, as well as the principles and methods of exercising state power, and recognizing and establishing the State's responsibility in ensuring the implementation of human rights and the fundamental rights and obligations of citizens. In that sense, regardless of how a Constitution is adopted, it is the Constitution itself that serves as the legal basis for establishing the state apparatus, not the other way around: the state apparatus establishing the Constitution.

Fourth, in Vietnam, the 1992 Constitution recognized the issue of referendums (the 1946 Constitution also recognized this issue under the concept of "appeal"). However, to date, this issue has not become a common practice in political and legal life. During the current process of researching and amending the Constitution, the issue of referendums is being hotly debated and is considered one of the "gaps" in the implementation of the Constitution that needs to be addressed. Furthermore, the issue of adopting the Constitution through a referendum is also being discussed and could and should be included in current constitutional thought. In addition, consulting the people, allowing them to understand, contribute ideas, and create consensus on the content of the Constitution, is also of great importance in:

- To establish the legitimacy of the Constitution, the government, and the state apparatus;

- Educating the public about the Constitution;

- "Objectifying" the Constitution for the government and thereby ensuring the limits and controls of state power.

In this context, conducting public consultations on the draft Constitution, if taken seriously and organized meticulously and thoroughly, could be a transitional step or a valuable experience for implementing this high form of democracy in our country in the future. The important thing is to find ways to enhance the value of the compiled public opinions.

Nguyen Trong Hai (Nghe An Bar Association)