The Socialist Model of Individual Judicial Powers

This chapter develops the socialist model of individual judicial powers. This model 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. This can be achieved by empowering the Chief Justice and placing them under the control of the Government and the Party. 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-turn Chief Justice Truong Hoa Binh.