Under the migration of the proportionality doctrine to Asia, the dialogue and interaction between public law and private law have deepened and become more fruitful. The proportionality doctrine, usually accompanied by a general human-rights-limitation clause in the constitution, has made human rights reasoning come into the making of private law more directly and extensively. The proportionality principle also equips the judiciary with an analytical tool to assess the constitutionality of the state’s law or actions that limit the constitutional rights of involved parties.

This Article discusses the dialogue between public law and private law under the migration of the proportionality doctrine to several Asian jurisdictions, with a focus on Vietnam. The dialogue can be identified in three aspects: (i) dialogue as the impact of public law on private law; (ii) dialogue as the interaction between public law and private law; (iii) dialogue as the politico-legal interaction between lawmakers and courts. Among Asian jurisdictions, the Vietnamese legal system has arguably witnessed an inadvertent migration of the proportionality doctrine, and therefore provoking interesting and useful debates on the effect of constitutional rights in private law in both theoretical and practical aspects.