Constitutionalism and Legal Change in Myanmar

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.

Autorentext

Andrew Harding is Professor of Law at the National University of Singapore.
Khin Khin Oo is an Associate Professor at the Department of Law, University of Yangon, Myanmar.

Inhalt

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