Conclusion

This chapter presented Professor Hoang's account of unconstitutional constitu­tion as a political, critical, and normative discourse on Vietnam's Constitution. Professor Hoang's criticisms of the constitutional entrenchment of statist human rights, state ownership of lands, and the dominant leadership of the Communist Party are informed by the Vietnamese public constitutional discourse during the constitutional amendment process.

At the end of his paper, he concludes: “Regardless of how the National Assembly will explain it and deal with it itself, we have to wonder with the question: Is a document containing so many contradictory terms worthy of the Constitution?”^[282] The internal contradictions of the constitution are framed in terms of unconstitutional constitution to render it not a real constitution. His account may not persuade the Vietnamese constitution-makers and intellectu­als.^[283] His account, however, complicates critical discourse on Vietnamese con­stitutional issues: to call the constitution as an unconstitutional constitution is another way to problematize it.

The comparative implication of this chapter is that the accounts of unconsti­tutional constitutions and unconstitutional amendments should not be limited to what is textually entrenched or/and judicially decided but should extend to what public intellectuals say about the unconstitutionality of the constitution in the public sphere.^[284] Why does this matter? For one thing, this inquiry can shed light on the ideas circulating within public discourse on unconstitutional con­stitution and amendments. In addition, the inquiry into the public discourse on unconstitutional constitution and amendments can add to our understanding of the dynamic functions of a constitution. A constitution regardless of whether it is liberal-democratic or authoritarian is more than a legal document to be used in courts or a charter for governance structure. It can be a political document for social and public debates on national affairs ranging from land distribution to elections. Finally, and relatedly, the inquiry into public discourse on unconstitu­tional constitutions and amendments can enhance our understanding of socio­economic and political issues in a given country. One may not be convinced by Professor Hoang's account of unconstitutional constitutions but may still gain a better understanding of contested issues pertaining to human rights, land owner­ship, and party leadership in Vietnam.