|
Tran Minh Tiet or Trần Minh Tiết (died 1983) was a Minister of the Interior, and later Chief Justice of the Supreme Court, in the Republic of Vietnam (1955-1975).〔See text for sources.〕 ==Minister and Justice== Tiet Minh Tiet served in the South Vietnamese cabinet during the Presidency of Ngo Dinh Diem (1954-1963). He had held for a time the post of Minister of the Interior.〔Penniman (1972), p. 107 (Minister of Interior).〕 Tiet was a Catholic whose origins were in southern Vietnam.〔Tran Ngoc Chau (20012) p. 357.〕 In 1968 the National Assembly, meeting in Saigon and following the newly adopted Constitution, chose Tran Minh Tiet and eight others as the new Justices of the Supreme Court. Of those chosen, only three including Tiet had received more than 100 Assembly votes. The Assembly so acted despite the fact that during 1967-1968 Tiet had on occasion "been openly critical of President Thieu and his administration".〔Penniman (1972) p. 107 (Assembly chooses Tiet as Justice; votes; quote).〕 Tiet had been "known for his honesty and independence."〔Tran Ngoc Chau (20012) p. 357 (quote).〕 Following the Assembly's establishment of the Supreme Court, its nine new members then chose as their first Chief Justice: Tran Minh Tiet.〔Penniman (1972), p. 107 (Chief Justice).〕 The Republic of Vietnam's Constitution of 1967 contained provisions for the Supreme Court.〔Keesing's (1970), p. 122 (summary of section V "The Judiciary" of the 1967 Constitution).〕 It was described as "the highest court of appeal with authority to pass on the constitutionality of legislation." The Court was also to act as "the final judge of presidential elections (the ) power to outlaw political parties." The National Assembly chose the members of the Supreme Court after a screening process.〔Penniman (1972) pp. 106-107 (Constitution, quotes).〕 "()he Supreme Court legally became the equal of the legislative and executive branches (the ) Constitution of 1967" but the president retained formidable powers.〔Nguyen Ngoc Huy pp. 99-108, at 99-100, 99 (quote), in Donnell and Joiner (1974).〕 The "principle of executive dominance" is strong in Vietnamese politics, and presidential power usually controls.〔Goodman (1973) p. 43 (quote).〕〔Joiner pp. 1-11, at p. 2, in Donnell and Joiner (1974).〕 Justice Tiet took the lead in the Supreme Court's ruling regarding the controversial case of Tran Ngoc Chau in 1970.〔Tran Ngoc Chau (2012) p. 357. Apparently, Trần Minh Tiết and Trần Ngọc Châu are not related.〕 President Thieu (1967-1975), however, in his efforts to prosecute Chau, brought strong political pressure and issued threats against the members of the legislature.〔Goodman (1973) pp. 119-120.〕〔Cf., Joiner (1974) pp. 281-282.〕 Nonetheless, the Supreme Court invalidated the prison sentence of Chau, which had been ordered by a military court following trial. One commentator opines that the case established "the supremacy of the civil over the military judiciary" and "declared the independence of the legislative and judicial structures".〔Joiner (1974) p. 282 (quotes).〕〔Penniman (1972), p. 108, text at note 7.〕 Yet "the Supreme Court ruled that the sentence was illegal, but it did not order his release."〔Penniman (1972) p. 108 (quote).〕 "The Supreme Court was not by any definition a serious block to executive misuse of power, nor did its members advance such pretenses. But this transplanted American-style institution provided an avenue of redress in the face of governmental transgressions against the Constitution. ... As Chau could testify, the subtleties of a Supreme Court declaration did not guarantee his release from prison... . ¶ () for the first time the executive () not absolutely supreme."〔Joiner (1974) p. 282.〕 Also in 1970 the Supreme Court, among other matters, declared that the current "austerity tax" promulgated by the Thieu regime as part of its economic policy was unconstitutional. This legal ruling forced the government "to try an equalization tax as a substitute anti-inflation measure". In another case, the Supreme Court held that "the special military field tribunals () unconstitutional."〔Joiner (1974) p. 282 (quotes).〕〔Penniman (1972) p. 108.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Tran Minh Tiet」の詳細全文を読む スポンサード リンク
|