Rule of law: Theory and practice

Attending the workshop were Ms. Jutta Frasch (Ambassador Extraordinary and Plenipotentiary of the Federal Republic of Germany to Vietnam), Dr. Michael Hanssler (Director of the Gerda - Henkel Foundation, Federal Republic of Germany) and many Vietnamese and German scientists.

The theory of “Rule of Law” has a long history of formation and development, from the primitive concepts and ideas that appeared in both the East and the West in ancient times about a state that upholds the law, respects and protects people, is organized and operated scientifically and effectively, to the theories of “Rule of Law” (“Rechtsstaat”, “L/état de Droit”, “Rule of Law”, etc.) in modern times.

In that development process, the “rule of law state” from being an ideology and theory has entered the practice of organization and operation of many states and many regional and global power institutions, becoming an important basis and tool to solve political, economic, cultural, security, international cooperation issues, etc. The spirit of the rule of law has been permeating relationships at the national, regional and global levels, contributing to shaping the way of thinking and behavior between subjects to ensure civil rights, human rights and national rights, for the existence and sustainable development of all people, of nations and of all mankind. In that sense, the “rule of law state” from being a scientific asset has become a common cultural asset of humanity, which needs to be preserved, exploited, supplemented and developed.

Germany has the honor of being one of the homelands of the concept and doctrine of the “rule of law state” in modern times. In the Constitution as well as in the organization and operation of the Federal Republic of Germany today, many values ​​of the theory of the “rule of law state” have been gradually realized. The research achievements on the “rule of law state” by German scholars have high scientific value and should be consulted.

In Vietnam, President Ho Chi Minh was the pioneer in building a state in which “a hundred things must have the spirit of the rule of law”. In particular, since the mid-term conference of the 7th term of the Communist Party of Vietnam (1994), the issue of building a rule of law state has been raised and has increasingly become an important content in the process of political innovation in Vietnam. Up to now,Socialist rule of law state of the people, by the people and for the peoplehas been formed and is gradually being perfected in Vietnam, an important milestone of which is the birth of the Constitution of the Socialist Republic of Vietnam (amended in 2013). However, in the process of building a rule of law state in Vietnam, in both theory and practice, there are still many issues that are being raised and need to be thoroughly resolved on the basis of an interdisciplinary approach, especially an approach to political science and referring to the experiences of other countries.

With that meaning, the workshop “The Rule of Law State: Theory and Practice” is a forum for German and Vietnamese scientists to exchange the latest research results on the rule of law state in history and at present as well as lessons that can be learned by both sides.

The workshop was divided into four sub-committees: The rule of law state from a theoretical perspective; The rule of law state - comparison and contrast; The rule of law state in the global context; The rule of law state - the field of international cooperation research.

The presentations at the workshop focused on the following main issues: history of the rule of law state; the rule of law state and basic law; the rule of law state and economy; the rule of law state and society; the rule of law state and global governance.

Some specific contents discussed are: the socialist rule of law state from a political perspective; from the concept of social contract of JJ Rousseau, contemplating the content of law in the rule of law state; JJ Rousseau's thoughts on the method of organizing and controlling state power; the rule of law state and global governance; the role of the press in building a rule of law state in Vietnam today; rule of law in the global development of constitutionalism; the institution of the centralized state in the early Le dynasty - values ​​and historical lessons in building a rule of law state; the rule of law state and the Vietnamese constitution; fighting corruption from the perspective of Ho Chi Minh's thought...