Abstract

Constitutional protection mechanisms play a fundamental role in safeguarding the supremacy of the Constitution, constraining the exercise of state power, and protecting human rights and citizens’ rights in a rule- of-law state. While many countries have established and effectively operated distinct models of constitutional review, Vietnam currently protects the Constitution through multiple constitutionally designated bodies under the 2013 Constitution and has not yet established a specialized constitutional review institution. This article employs legal analysis, synthesis, comparative legal research, and documentary review to clarify the theoretical foundations of constitutional protection mechanisms; examine the principal models adopted in continental Europe and the United States, as well as Vietnam’s existing mechanism; and assess the experience of selected developed countries in designing and operating constitutional review institutions. On this basis, the article identifies lessons from selected jurisdictions that may inform Vietnam’s efforts to improve its constitutional protection mechanism as part of the ongoing process of building and perfecting a socialist rule-of-law state, in accordance with the 2013 Constitution and Resolution No. 27-NQ/TW of the 13th Central Committee of the Communist Party of Vietnam. The findings contribute to strengthening the theoretical and practical foundations for the continued study and reform of constitutional protection mechanisms in Vietnam.

Keywords: Constitutional protection; constitutional protection mechanism; constitutional review; control of state power; rule of law.