Vietnam Towards “Rule-of-law State” or “Rule-of-law Society”? Some Analysis from the Rule of Law theory

Abstract

Although much discussion has recently focused on the political and legal term ‘the Rule of Law’ and the so-called “Nha nuoc phap quyen” (Rule-of-law State), consensus has not yet been reached on some aspects. The paper traces the origin of “the Rule of Law” and analyses its meanings according to international conventional wisdom in comparison with the viewpoint of the Rule-of-law State in Vietnam. To our understanding, “the Rule of Law” and rule-of-law State are not completely identical in terms of their origin and interpretation, as “the Rule of Law” implies a “rule-of-law society” rather than a rule-of-law State (rule-of-law State or law-based State). In the current context, Vietnam shall build a rule-of-law society in the spirit of its original principle.

(Received 12 January 2021; published 10 April 2021)