Blog of the International Journal of Constitutional Law

Tag: Myanmar

  • The Tatmadaw’s 1 February Actions are not an Emergency but a Coup

    —Andrew Harding, Centre for Asian Legal Studies, Faculty of Law, National University of Singapore In the early morning of 1 February 2021 the Myanmar military, the Tatmadaw, fulfilled what had been threatened for several days, by arresting the President and other leading civilian officials, and declaring an emergency and their taking over of the country.

  • Myanmar’s Constitutional Impasse: The Constitutional Amendment Process in 2020

    —Andrew Harding, National University of Singapore, and Nyi Nyi Kyaw, Myanmar Studies Programme, ISEAS – Yusof Ishak Institute and National University of Singapore The rigidity of the 2008 Constitution of the Republic of the Union of Myanmar (‘the Constitution’) is rightly notorious, and this rigidity has been proven at least three times through failed attempts to reform it in 2013, 2014, and 2019–2020.

  • Myanmar’s Military-Allied Party Proposes Constitutional Amendment Increasing Civilian Powers

    –Jason Gelbort, Legal Consultant On February 25, the union parliament of Myanmar (formerly known as Burma) began debating bills to amend the military-drafted 2008 constitution,[1] including a proposal from the military-allied Union Solidarity and Development Party (USDP) that could significantly redraw the constitutional balance of powers between the military and the parliamentary-elected president.

  • The Top Constitutional Events Of 2014

      2014 was a landmark year for governments around the world. Here are some of the most important constitutional events of the past twelve months, brought to you by the Comparative Constitutions Project and Constitute.   Jan|Feb|Mar|May|Jun|Sept|Oct|Nov|Dec     January: Egypt Holds Constitutional Referendum On January 24, 2014, poll results showed that Egyptian voters approved a constitutional referendum by over 98 percent.

  • Writs but no Weapons? A Stocktake on Administrative Justice in Myanmar

    —Melissa Crouch, National University of Singapore and University of New South Wales (from December 2014) The former Chief Justice Ba U of the Supreme Court of Burma once described the constitutional writs as ‘weapons’. The early years of independence in Burma were a time of significant judicial activism, when the Supreme Court did not hesitate to strike down executive decisions that were beyond the powers of decision-makers or that infringed on the rights of citizens.

  • Is Constitutional Review Moving to a New Home in Myanmar?

    —Dominic J. Nardi, Jr., University of Michigan Late last year, Myanmar’s legislature initiated a process to review and amend the 2008 Constitution. Until recently, the largest opposition party, National League for Democracy, seemed focused on removing the ban against citizens with foreign dependents from becoming president (NLD leader Aung San Suu Kyi’s two sons are British nationals).

  • Untilting the Constitutional Playing Field in Myanmar (Burma)

    – Dominic J. Nardi, Jr., Ph.D. candidate, Department of Political Science, University of Michigan If you were the leader of the governing political party in a quasi-democratic state and you intended to run for president in the next general election, would you (a) propose to amend the constitution in a way that would allow your expected opponent, the widely admired leader of the opposition party, to compete, or (b) support the status quo?

  • Constitutional Writs as “Weapons” in Myanmar?

    —Dr. Melissa Crouch, Postdoctoral Fellow, Law Faculty, National University of Singapore In 2011, Myanmar began its transition to democracy under a civilian-military led government. The process has taken place within the framework of the 2008 Constitution and it has been followed by a range of legal and institutional reforms.

  • Five Electoral Systems that make even less sense than the Electoral College

    –Daniel Lansberg-Rodríguez and Tom Ginsburg, University of Chicago Law School [reprinted from www.foreignpolicy.com] Grousing about our arcane and nonsensical Electoral College, and calling publicly for its end, have by now become time-honored election season traditions in the United States. This year, even the Russians, themselves no paragons of functional democracy, have gotten in on the fun.

  • Will Democracy and Constitutionalism Mix in Myanmar?

    —Dominic J Nardi, Jr, University of Michigan Department of Political Science Myanmar’s[1] constitution – adopted after a controversial referendum in May 2008 – created the country’s first constitutional court in half a century. Initially, few if any observers believed the Constitutional Tribunal would play a significant role.