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UNIT 2 (Overall)

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UNIT 2 (Overall)

Uploaded by

Linh Chi
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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UNIT 2

A. TEXT 1
 State:
 A form of political association or polity that not itself joined any political
association
 Most important features: the highest corporate entity
 Arise out of society and does not encompass society
 Is a modern political construction emerged in the early of Europe
 Divided into:
 Who holds power (governance structure): democracy; monarchy;
oligarchy
 Role of religion: theocracy (based on religious law); secular state
(neutrality in religious matters)
 Authority distribution: centralized; decentralized (federal)

 4 indispensable elements:
 Population: primary elements; source of the state
 Territory
 Government
 Sovereignty:
 Characteristics that distinguish state from other associations
 Ultimate power

 Democracy
 Derives from “Greek”
 Freedom & democracy is used interchangeably but not synonym
 Is the institutionalization of freedom by embedding freedom in its
principles and practices
 Aligns with human dignity, rights and justice in United Nation Universal
Declaration of Human Rights

B. TEXT 2
 Idea of state is derived from philosophical speculation

 Ancient state
 Denial of individual freedom
 Half of the population was slaves
 The rearing, manufacture,… look after by slaves
 Slaves communicate with the state through masters
 Priesthood was political office
 Greeks: indistinct public and private law
 Roman: separated private in principles
 Sovereignty was absolute and direct, is exercised through popular
assemblies
 Greek state: city state while Roman state was world state

 Mediaeval State
 Viewed as an institution created by God will
 Notion of state was based on and regulated by theological principles
 Mediaeval Christianity advocate dualism of Church and state, with both
spiritual and temporal swords, one for the Pope and other for Emperor
 Protestant theology rejected sword of spiritual, just recognized sword of
state
 Spiritual power (church) higher than temporal power (State) → rule of
priesthood higher than King → clergy enjoyed privileges above the laity
 Middle Ages produced feudal system: power devolved through feudal
system (king > princes > knights > towers)
 Public and private law weren’t distinguished
 Custom was the chief source of its law
 Mediaeval State was simply a legal state

 Modern State
 Fundamental principle: determined by human sciences of philosophy and
history
 State does not depend on religious beliefs
 Doesn’t deny that God has made human nature
 Authority of State is conditioned by public law
 Regard itself as a person: spirit (national spirit), body (constitution)
 Public and private law are clearly distinguished

C. TEXT 3
 The current constitution was adopted by the 13th National Assembly in 2013

 2013 Constitution:
 Fundamental legal document of highest legal jurisdiction
 Institutionalized viewpoints on: economic & political reforms; socialist
goals & democracy; citizens’ freedom rights

 People use state power through the National Assembly and people’s council

 The socialist Republic of Vietnam is a law-governed sate

 The political system comprises:


 Communist Party of Vietnam is the vanguard
 People play a key role are considered as the maker of history

 The National Assembly is the highest-level representative body of the


people, the highest organ of state power, exercises 3 main functions:
legislate; decide on important issues; exercise supreme supervision

 State President is Head of State, and is elected by National Assembly

 Government is the highest body of State administration

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