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Vol 22 No 7 July/August 2017

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Constitutionalism and Legal Change in Myanmar


ISBN13: 9781849467902
Published: January 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



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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.

The opposition led by Daw Aung San Suu Kyi has repeatedly called for constitutional changes, and currently the Constitution is subject to a review process which is intended to be completed before the elections scheduled for 2015. Much has been made of the Constitution’s rigidity, which is seen as an obstacle to reform and inconsistent with a rapidly transforming state and society, embracing the rule of law, human rights and multi-party democracy. Nonetheless, the Constitution is also seen as having potential as a very positive force for reform.

Many issues arise now for constitutionalism and constitutional change arise: 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. The present book is an attempt to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.

Subjects:
Constitutional and Administrative Law, Other Jurisdictions , Asia, Myanmar
Contents:
1. Seeking Constitutional Settlement in Myanmar
Janelle Saffin
2. Rule of Law Concepts in Burma's Constitutions and Actual Practice: No Ground for Optimism
Myint Zan
3. A Second Panglong Agreement: Burmese Federalism for the Twenty-first Century
David C Williams
4. Irresistible Forces and Immovable Objects: Constitutional Change in Myanmar
Andrew Harding
5. The 2008 Constitution: The Evolution of Leadership
Priscilla Clapp
6. Contesting the Rules: Myanmar's 2015 Election and Electoral Integrity
Bridget Welsh
7. Achieving 'Genuine Federalism'? Myanmar's Inexorable Path Towards Constitutional Devolution and
Decentralised Governance
Marcus Brand
8. The Everyday Emergency: Between the Constitution and the Code of Criminal Procedure in Myanmar
Melissa Crouch
9. How the Constitutional Tribunal's Jurisprudence Sparked a Crisis
Dominic Jerry Nardi, Jr
10. Judicial Power and the Constitutional Tribunal: Some Suggestions for Better Legislation Relating to
the Tribunal and its Role
Khin Khin Oo
11. Human Rights under the New Regime
Catherine Renshaw
12. The Legal Profession and the Substantive Rule of Law in Myanmar
Janelle Saffin and Nathan Willis