U.S Institution: EXECUTIVE AND JUDICIARY IN THE UNITED STATES PART VIII
In Vietnam, Court in particular, Justice System in particular; do not have the legislative function. Like other branches, the judiciary’s authority is specified in the U.S. Constitution. The Constitution defined federal jurisdiction only to certain kinds of disputes and grants the Supreme Court original jurisdiction, the authority that cannot be stripped by Congress. Article III, Section 2 lists them. The two most important disputes are cases involving a federal law question and"diversity" cases, or disputes between citizens of two or more states. Diversity jurisdiction allows each party to avoid litigating his case before the courts of his adversary's state. A second judicial power emerged in the Republic's early years. The U.S. Supreme Court in the case of Marbury v.Madison (1803) explained the authority (authorized by the Constitution) it is possible to identify a law unconstitutional and declare such a law invalid. A law is unconstitutional if it violates people's rights guaranteed by the Constitution, or if Article I does not give authority to Congress to pass that kind of legislation.
Conclusion
In conclusion, the U.S institution and the Vietnam institution are both similar and different. They share some similarities in the legal system. However, the two institutions show significant differences due to the fact that the US is a democratic country while Vietnam is a communist country. So that the law of Vietnam is based on communist legal theory and at both the federal and state levels, while the law of the United States was originally largely derived from the common law system of English law. In addition, the development of the United States constitution is split into the executive, the legislature and the judiciary which work independently whereas in Vietnam, there is no separation in powers of those bodies.
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