Vu Le Hai Giang

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Abstract

This article compares the 1946 Constitution with typical contemporary constitutions that represent various forms of government. The result clearly indicates that it is highly unreasonable to attempt to classify the form of government in the 1946 Constitution as a modern form of government. The Constitution of 1946 was influenced by the constitutional ideologies of the late 19th and early 20th centuries, so it may reflect a form of government that may no longer exist in our modern time. On that basis, the article focuses on comparing the form of government in the 1946 Constitution with that of the Soviet Constitution of 1918 and the French Constitution of 1875 to identify its corresponding form of government within the context of its historical era.