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A comparativist's view of the 1972 constitution of the democratic people's republic of Korea
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A comparativist's view of the 1972 constitution of the democratic people's republic of Korea

Author: John N Hazard
Edition/Format: Article Article : English
Publication:Studies in Comparative Communism, v7 n1 (1974): 73-82
Summary:
A collection of constitutions of socialist states published recently in Moscow includes only those of the European states: Lectures by Eastern European law professors of the International Faculty for the Teaching of Comparative Law do not treat the law of the Asian members of the socialist group of states. A caveat needs to be entered to any broad generalization concerning the contrast between Asian and European  Read more...
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Document Type: Article
All Authors / Contributors: John N Hazard
ISSN:0039-3592
Language Note: English
Unique Identifier: 4926783794
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Abstract:

A collection of constitutions of socialist states published recently in Moscow includes only those of the European states: Lectures by Eastern European law professors of the International Faculty for the Teaching of Comparative Law do not treat the law of the Asian members of the socialist group of states. A caveat needs to be entered to any broad generalization concerning the contrast between Asian and European attitudes, because of the experience of constitutional draftsmen in the Mongolian People's Republic and the Democratic Republic of Vietnam. The Mongolian Communists were completely under the influence of Soviet authority when they prepared their first constitution of November 26, 1924, and they seem to have adhered to Soviet models in their subsequent constitutions of June 30, 1940, and July 1961. I drew the comparisons with Soviet models in the first two constitutions in my “The Constitution of the Mongol People's Republic and Soviet Influences,” Pacific Affairs, Vol. 3 (1948), pp. 162-170. As to North Vietnam, its two constitutions of November 8, 1946, and December 31, 1959, adhere equally closely to the Soviet model, except to indicate that the socialist stage has not yet been achieved. The state organs are defined in terms similar to those used in the Soviet model. For translations of the texts of the three Mongolian constitutions and the 1959 constitution of North Vietnam, see I have tried to indicate the impact of Soviet models upon Chinese law in my The most noted of such commentators have been F. H. Lawson, A. A. Ehrenzweig, and W. Friedmann. Address by President Park Chung Hee on the Occasion of Announcing the Draft Amendments to the Constitution, October 27, 1972. Korean Overseas Information Service.

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