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14 - The Socialist Model of Individual Judicial Powers

Published online by Cambridge University Press:  25 March 2021

Rehan Abeyratne
Affiliation:
The Chinese University of Hong Kong
Iddo Porat
Affiliation:
College of Law and Business (Israel)
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Summary

This chapter develops the socialist model of individual judicial powers, which is characterized by the institutionalization of individual judicial powers. One of the instrumental functions of court design in the socialist state of Vietnam is to make sure that the judiciary is under the control of the government and the Communist Party, which can be achieved by empowering the chief justice and placing them under their control. The chief justice in Vietnam, therefore, becomes towering not because of their jurisprudential excellence but because of the institutional arrangement. The judicial institutional design in this socialist state naturally results in a towering chief justice. The socialist model of individual judicial powers is exemplified by the case of policeman-turned-chief justice Truong Hoa Binh.

Type
Chapter
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Towering Judges
A Comparative Study of Constitutional Judges
, pp. 275 - 289
Publisher: Cambridge University Press
Print publication year: 2021

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