Constitutionalism and Legal Change in Myanmar

Constitutionalism and Legal Change in Myanmar
Author: Andrew Harding
Publisher: Bloomsbury Publishing
Total Pages: 307
Release: 2017-01-26
Genre: Law
ISBN: 1509902104

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Myanmar's Constitution of 2008 was the 'road map' for the reform process that began in 2011. Despite extensive criticism of this Constitution for its emphasis on the role of the military, much progress has been made towards constitutional government and law reform. With the election of the opposition NLD to government in the general election of November 2015 and the presidential electoral college election of March 2016,now is the time to consider the Constitution, and prospects and needs for constitutional change as Myanmar moves towards democracy and the rule of law. Much has been made of the Constitution's rigidity, which is seen as an obstacle to reform and inconsistent with embracing the rule of law, human rights and multi-party democracy, especially with a rapidly transforming state and society. Nonetheless, the Constitution is also seen as having potential to be a very positive force for reform. Many issues arise now for constitutionalism and constitutional change: presidency; federalism and territorial governance; the status of minorities and freedom of religion; civil liberties in what is described as a 'discipline-flourishing democracy'; the courts, justice and the rule of law; the electoral system; and many more. This book is an attempt to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.

Constitutionalism and Legal Change in Myanmar

Constitutionalism and Legal Change in Myanmar
Author: Andrew Harding
Publisher: Bloomsbury Publishing
Total Pages: 271
Release: 2017-01-26
Genre: Law
ISBN: 1509902112

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Myanmar's Constitution of 2008 was the 'road map' for the reform process that began in 2011. Despite extensive criticism of this Constitution for its emphasis on the role of the military, much progress has been made towards constitutional government and law reform. With the election of the opposition NLD to government in the general election of November 2015 and the presidential electoral college election of March 2016,now is the time to consider the Constitution, and prospects and needs for constitutional change as Myanmar moves towards democracy and the rule of law. Much has been made of the Constitution's rigidity, which is seen as an obstacle to reform and inconsistent with embracing the rule of law, human rights and multi-party democracy, especially with a rapidly transforming state and society. Nonetheless, the Constitution is also seen as having potential to be a very positive force for reform. Many issues arise now for constitutionalism and constitutional change: presidency; federalism and territorial governance; the status of minorities and freedom of religion; civil liberties in what is described as a 'discipline-flourishing democracy'; the courts, justice and the rule of law; the electoral system; and many more. This book is an attempt to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.

Law, Society and Transition in Myanmar

Law, Society and Transition in Myanmar
Author: Melissa Crouch
Publisher: Bloomsbury Publishing
Total Pages: 656
Release: 2014-10-23
Genre: Law
ISBN: 1782254773

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This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.

The Constitution of Myanmar

The Constitution of Myanmar
Author: Melissa Crouch
Publisher: Bloomsbury Publishing
Total Pages: 240
Release: 2019-09-05
Genre: Law
ISBN: 1509927379

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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.

Authoritarian Constitutionalism

Authoritarian Constitutionalism
Author: Helena Alviar García
Publisher: Edward Elgar Publishing
Total Pages: 400
Release: 2019
Genre: Law
ISBN: 1788117859

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The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community.

Politics of Religious Freedom

Politics of Religious Freedom
Author: Winnifred Fallers Sullivan
Publisher: University of Chicago Press
Total Pages: 361
Release: 2015-07-22
Genre: Law
ISBN: 022624850X

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Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.

Liberalism and Democracy in Myanmar

Liberalism and Democracy in Myanmar
Author: Roman David
Publisher: Oxford University Press
Total Pages: 288
Release: 2018-11-01
Genre: Political Science
ISBN: 0192537431

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Historic Myanmar elections in November 2015 paved the way for an NLD government led by Aung San Suu Kyi to take office in March 2016, and saw the country deepen its graduated transition away from authoritarian rule. Nevertheless, military forces that for decades dominated national politics remain privileged in a constitutional framework designed to deliver 'discipline-flourishing democracy'. In August 2017, the military intensified its campaign of ethnic cleansing of Myanmar's Rohingya Muslim minority, and more than 750,000 refugees fled to neighbouring Bangladesh. One critical question that now confronts the fifty million people of this Southeast Asian nation is whether their push for greater democracy is strong enough to prevail over the resistance of a powerful military machine and swelling undercurrents of intolerance. What are the prospects for liberal democracy in Myanmar? This book addresses this question by examining historical conditions, constitutionalism, popular support for democracy, major political actors, group relations and tolerance, and transitional justice. To probe the meaning and purchase of key concepts it presents a rich array of evidence, including eighty-eight in-depth interviews and three waves of surveys and survey experiments conducted by the authors between 2014 and 2018, all of which are triangulated with constitutional and legal texts and reports issued locally and globally. The analysis culminates in the concept of limited liberalism, which reflects an at times puzzling blend of liberal and illiberal attitudes. The book concludes that a weakening of liberal commitments among politicians and citizens alike, allied with spreading limited liberal attitudes, casts doubt on the prospects for liberal democracy in Myanmar.

Burma’s Constitution

Burma’s Constitution
Author: Maung Maung
Publisher: Springer Science & Business Media
Total Pages: 349
Release: 2012-12-06
Genre: Political Science
ISBN: 9401188904

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This is an attempt to study and interpret the Constitution of the Union of Burma which has now passed its tenth year. A constitution read outside the context of constitutional history is incomplete, and I have, therefore, tried to trace the developments which culminated in the constitution; then study its important features with reference, where necessary, to the background in which they took shape and form; and, while studying how the constitution has been working, touch lightly on contemporary events and trends. It is a vast canvas I am trying to cover and what I am able to draw on it would inevitably be sketchy. But I do not write as a historian whose focus is on detail in a narrow area. Rather, having dug and gathered the facts, I trace their sweep in history. The details I willingly and happily leave to the historians, hoping only that my study will be of some use to them, if only as a target for their learned criticism. Some of the events and people I describe are still too near, and a clear perspective is therefore difficult. What is nearest appears biggest, and I often find it tempting to see and accept that Burma's history as a new independent nation began with the students' strike of 1936 or the resistance movement during the Second World War.

Constitutional Dialogue

Constitutional Dialogue
Author: Geoffrey Sigalet
Publisher: Cambridge University Press
Total Pages: 487
Release: 2019-05-02
Genre: Law
ISBN: 1108417582

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Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.