The Constitution of Myanmar: A Contextual Analysis

Erscheinungsjahr 2019
ISBN: 978-1-5099-2735-7
Verlag: HART PUB

Buch, Englisch, 280 Seiten, Hardback, Format (B × H): 145 mm x 218 mm, Gewicht: 522 g

Reihe: Constitutional Systems of the

This timely and accessible book is the first to provide a thorough analysis of the 2008 Constitution of Myanmar (Burma) in its historical, political and social context. The book identifies and articulates the principles of the Constitution through an in-depth analysis of legal and political processes and practises, particularly since the 1990s. The core argument of this book is that the 2008 Constitution is crucial to the establishment and maintenance of the military-state. The military-state promotes the leadership role of the military in governance based on a set of ideological commitments and a centralised form of organisation based on the concept of the Union. The book develops this argument by demonstrating how the process of constitution-making and the substance of the 2008 Constitution contribute to its lack of credibility and fuel demands for reform. The vision offered by the 2008 Constitution and its associated institutions has been the subject of fierce contestation, not least, for example, due to concerns over the militarisation of the state. This book is animated by debates over fundamental ideas such as the nature of democracy, the possibility of peace and federalism, the relationship between the executive and the legislature, relations between the Union government and sub-national governments, debates over judicial independence and the oversized role of the Tatmadaw (armed forces). Central to the future of the Constitution and the military-state is the role of the Tatmadaw, which will be a key determinant in any potential shift from the present highly centralised, partly-democratic Union to a federal or decentralised democratic system of governance.

Autoren/Hrsg.

Crouch, Melissa

Harding, Andrew

Berger, Benjamin L.

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Asien (inkl. Türkei und Naher Osten)
• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht Verfassungsgeschichte, Verfassungsvergleichung

Inhaltsverzeichnis

1. Introducing Myanmar's 2008 Constitution

I. Constitutional Context

II. Constitutional Codification and the Constitutional Tribunal

III. The Constitution in a Military-state

IV. Organisation of the Book

2. The Origins and Content of the 2008 Constitution: An Overview

I. Parliamentary Democracy and the 1947 Constitution

II. Ne Win's 'Burmese' Socialism and the 1974 Constitution

III. The Military and Constitution-making: 1990S-2000S

IV. The Preamble and the Basic Principles of the Constitution

V. Conclusion

3. The Military: The Pre-eminence of the Tatmadaw in Governance

I. The Three Main National Causes

II. The Commander-in-Chief

III. Forces Affiliated with the Tatmadaw

IV. The National Defence and Security Council

V. States of Emergency

VI. Tatmadaw Watchmen in the Legislature

VII. Courts Martial

VIII. Conclusion

4. The Electoral System and Limits on Political Participation

I. Political Parties and Candidates

II. The Right to Vote and Run for Office

III. The Proposal for Proportional Representation

IV. The Administration of Elections

V. The Resolution of Electoral Disputes

VI. Complaints Against Legislators: The Right to Recall

VII. Conclusion

5. The Legislature

I. The Union Legislature: A Tricameral System

II. The Loyalties, Privileges and Responsibilities of Legislators

III. The Scope of Legislative Power

IV. Conclusion

6. The Executive

I. The President as Head of the Union

II. The Centralising Mandate of the Union Government

III. Constitutional Commitments to a Market Economy

IV. Aung San Suu Kyi and the Office of the State Counsellor

V. The Administration of Union Territories

VI. Conclusion

7. Subnational Governance, Federalism and Ethnic Recognition

I. Territorial Representation: States and Regions

II. Sub-national Legislative Representation of National Races

III. Special Governance Arrangements for Six Areas

IV. Conclusion

8. The Judiciary as an Administrative Institution
I. The Union Supreme Court

II. Sub-national Courts in a Unitary Judicial System

III. The Constitutional Tribunal

IV. Conclusion

9. Constitutional Duties and the Contingency of Rights

I. The Status of International Law and Conventions

II. The Pre-eminence of Duties

III. Constitutional Writs in the Supreme Court
IV. The National Human Rights Commission

V. Conclusion

10. The Peace Process and Constitutional Change

I. The Peace Process: Normalising Debates on Federalism

II. The National Ceasefire Agreement: Peace in the Military-state

III. The 37 Principles as Constitutional Foundation 6
IV. The Process and Procedure of Constitutional Amendment

V. Proposals for Constitutional Reform

VI. Conclusion

11. Conclusion

I. The Centrality of the Constitution to the Military-state

II. Implications for Comparative Constitutional Inquiry

Über Autor(innen)

Crouch, Melissa
Melissa Crouch is Associate Professor in Law at the University of New South Wales.