The 2013 Constitution of Vietnam, officially recognizes the executive power to be a part of the State power and assigns the Government to execute such power. This recognition represents the view of the legislators when drafting the 2013 Constitution. Although the check-and-balance of power was not recognized in the organization and execution of the State power, the legislators have admitted the position and relative independence of each power branch, including legislation, execution, and judiciary. This Articles analyses the executive power of the Government under the 2013 Constitution, including the role of the Court to prevent the abuse of power during the execution of State power from the constitutionalism aspect; and the reasons that the 2013 Constitution has not practically constructed a mechanism for the Court system to exercise the checking power and to reach the balance in the relation with the executive branch.
Tran, Thi, Thao, Nguyen (Mon,) studied this question.