The sovereign powers of the state, legislative, executive and. After a series of political and economic liberalization reforms from 2011 onwards, myanmars political. After the 1962 burmese coup detat, a second constitution was enacted in 1974. After extensive political propaganda, a new constitution was formulated, elections were held, and a singleparty mobilization system was established under a 1974 constitution modeled on eastern european precedents. Both the incumbent officers of said bodies or members thereof, as well as all persons, institutions or groups, are bound by. In 1974, after ne win introduced a constitution, chin special division became a state, and its capital moved from falam to hakha. Apr 11, 2015 in this chapter i explore the constitutional arrangement of centrallocal relations and its implications for the transitional regime in myanmar. Yangonon july 19 martyrs day in myanmar the national league for democracy nld wound up an eightweek campaign calling for. The constitution of the socialist republic of the union of. Research pdf available august 2016 with 8,350 reads. Jul 25, 2016 the constitutional implications of myanmars peace process. Law and constitution constitutional and parliamentary processes national constitutions, draft constitutions, amendments and announcements texts the constitution of the socialist republic of the union of burma the 1974 constitution burmese.
Some important sections of the myanmar constitution. Mmr2008c79572constitution of the republic of the union of myanmar. Comparing three versions of the myanmar burma constitution. Panglong spirit and the right to secession frontier myanmar. More than 77 businessrelated laws and 149 regulations are translated in english.
Military backed government constitution, 2008 englishburmese version 2. The 1974 constitution defined myanmar as a socialist democracy. Pyithu hluttaw laws 19741988 myanmar laws 1988until now case law. Then in 1962, that government was removed and a new constitution was implemented in 1974.
Jul 21, 2014 yangonon july 19 martyrs day in myanmar the national league for democracy nld wound up an eightweek campaign calling for changes to the countrys constitution. The constitution of the republic of the union of myanmar is the supreme law of myanmar. In this article, i critically examine the use of the constitutional power of emergency. Understanding myanmar council on foreign relations. After independence, myanmar adopted three constitutions in 1947, 1974 and 2008. This division of power and territory was first fully crystalised by general ne wins socialist regime in the 1974 constitution. Under the 2008 constitution, the power to declare a state of emergency is dealt with at some length in chapter xi. In 1974, it further introduced a new constitution under which the central court, the state and divisional courts, the township courts, the wards and village tracts courts were established.
The constitution of the union of burma rangoon, supdt, govt. It also provided for a unicameral legislature and section 11 prescribed that the state shall adopt a singleparty system. Taylor the dominant problem of burmese politics since independence has been that of national unity. Pdf of law in english consulted on 20110803 abstractcitation. Consequently, the myanmar socialist party became the only legally recognized political, party dominating all the three separate branches of government.
The constitution, emergency powers and the rule of law in. In 1974, the constitution of the socialist republic of the union of myanmar was enacted. Genocide in myanmar lee, yanghee special rapporteur on the situation of human rights in myanmar ma ba tha nationalist movement within the sangha mayu district comprises northern rakhine state districts of maungdaw, buthidaung and rathedaung msf medecins sans frontieres ngo nongovernmental organisation. The coat o airms haes twa chinthe meethical lions facin opposite ane anither, an at its center is a cairt o burma. Constitutional reform in myanmar british institute of international. Jan 24, 2015 any provision of this constitution may be amended, whether by way of variation, addition, or repeal, in the manner hereinafter provided. This article examines the legal status of the rohingya in myanmar by analysing relevant constitutional provisions of 1947, 1974 and 2008 and other major citizenship legislations including the citizenship law, 1982. Pdf ebook files for this publication are available as detailed below. While a majority of the population are ethnic burmans, the country is also home to a diverse range of ethnic groups, usually referred to in myanmar as ethnic nationalities. In mldb, myanmar laws which are categorized according to year of issue and area of laws are available. Revolutionary council to the burma socialist program. U ne win became president of the new socialist republic of the union of burma. Another change of system took place with the second constitution of 1974 when the.
This guide to law online burma contains a selection of burmese legal, juridical, and governmental sources accessible through the internet. Burma is a sovereign independent socialist state of the working people. The president has exercised his wide powers to declare a state of emergency twice since the constitution came into effect in 2011. Because of the great ethnic, linguistic, and cultural heterogeneity of the population, no government has been able to meet all the demands placed upon it by various minority and. Challenging the reconciliation process myanmars ethnic.
Burmas national unity problem and the 1974 constitution robert h. In 1974, ne win introduced a socialist constitution and singleparty parliament, albeit one dominated by the military. The constitution of the union of burma, 24 september 1947. Yet, by any standards, the myanmar state has been unitary. Mar 25, 2016 a british colony for more than a century, burma declared independence in 1948, a year after the assassination of nationalist leader general aung san, father of opposition leader daw aung san suu kyi. In line with the revolutionary councils determination to transform the bspp from a cadre to a mass party, a. Normes consulted on 20081106 constitution online ministry of foreign affairs, mayanmar pdf of official burmeseenglish version of constitution doc. After the turbulence of war, myanmar regained her independence in 1948 and the legal system has been little changed since then.
Union peace accord is reached and leads to the expected drafting of a constitution for a democratic federal union of myanmar, should the principle of the right to secede be omitted. Burmas national unity problem and the 1974 constitution. The new state seal, as stipulatit bi chapter xiii o the 2008 constitution, wis adoptit in the 2008 burmese constitutional referendum. I focus on how and why the current constitution recognises the rights of ethnic minorities compared to past constitutions. The legal system of the republic of the union of myanmar in a nutshell. Seminar on the constitutional court of italy myanmar constitutional tribunal office. Before independence, myanmar had two quasiconstitutions, the government of burma act, 1935 and constitution of burma under japanese occupation, 1943. The myanmar constitution requires that before any one of its most important provisions are amended, three steps must be taken.
The constitution was promulgated on january 3, 1974. The constitutional implications of myanmars peace process. As far as the use of the term burma or myanmar is concerned i have used the term burma instead of. U mya thein and members 26220 to 2932015 u thain soe and members 3032011 to 692011 duties and functions. The constitution of the socialist republic of the union of burma the 1974 constitution. Burmas second constitution is implemented, transferring power from the. Contains documents from the english language press, the text of the constitution as published in english in 1974 and materials on major developments of 1974 such as chronologies on the making of the new constitution and events relating to the election, a report on the draft constitution and information on the elections. The coat o airms is surroondit bi traditional burmese flouer designs an a star at its tap. The 1974 constitution further denuded the rights and aspirations of ethnics with the myanmarbathaska as the nonburman ethnics got together to form the federal national democratic front in 1975 which was transformed into national democratic front ndf in may 1976, with the aim of establishing a genuine federal union. Housomeivver, durin ne wins socialist rule, the 1974 constitution adoptit a new state seal wi the follaein chynges. Act online online burmamyanmar library, asian studies www virtual library pdf consulted on 20081106 abstractcitation. However, as democratic system could not be effectively materialized, the new constitution of the socialist republic of the union of myanmar was drafted based on the single party system, and after holding a national referendum, a socialist democratic state was set up in 1974. In myanmar a key determinant in centrallocal relations is ethnicity.
Theconstitutionofthefederalrepublicoftheunionofburmaseconddraft. Subject to the provisions of this constitution, the state shall have the right to regulate, alter or abolish land tenures or resume possession of any land and distribute the same for collective or cooperative farming or to. In 1947 the first constitution created the position of attorney general and the wheels of legal history started to turn. Mon states capital became moulmein, and tenasserim divisions became tavoy.
Kawthule states name was reverted to karen state, and mon state was separated from tenasserim division. The burma socialist programme party is the sole political party and it shall lead the state. The constitution of the union of burma, 24 september 1947, effective 4 january 1948preamble we, the people of burma including the frontier areas and the karenni states, determined to establish in strength and unity a sovereign independent state, to maintain social order on the. An act to consolidate and amend the law relating to criminal procedure. Constitution of the union of burma wikisource, the free. Bingham centre for the rule of law january 2014 bingham centre working paper no 201401. Since 1948 there have been several coups in myanmar. While burma is still under british colonial rule, the panglong agreement is signed by. I therefore focus on how and why the current constitution recognises the rights. The recognition of these states and regions is therefore not selfevident, but should rather be seen as a relatively recent construct. Be it enacted by parliament in the twentyfourth year of the republic of india as follows. Section 200 a in interpreting the expressions contained in this constitution, reference shall be made to the interpretation law ppgromulgated byy the.
In line with the revolutionary councils determination to transform the bspp from a cadre to a mass party, a new party constitution was drafted in. Includes in the final section a commentary of the constitution at the local level. Burmas constitution and elections of 1974 whole publication, isbn. Myanmar endured more than five decades of military rule and domination since general ne wins military coup of 1962. Selected judgements of lower burma 18721892 printed judgements of lower burma 18931900 lower burma rulings of the chief court, rangoon 19001922.
Myanmars first constitution adopted by constituent assembly was enacted for the union of burma in 1947. Myanmar constitution of the republic of the union of. Act online online burmamyanmar library, asian studies www virtual library pdf doc. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Mlmb covers every law included in burma code, in addition to every myanmar law enacted since 1948 when myanmar became independent. Dr maung maung died in rangoon, burma on 2 july 1994. Some important sections of the myanmar constitution c i the president shall submit the nomination of the person suitable to be appointed as the chief justice of the union to the pyidaungsu hluttaw and seek its approval. National constitutions, draft constitutions, amendments and announcements texts. The legal system of the republic of the union of myanmar. Myanmar never even approached reaching its potential and, instead, had a. Constitution of the socialist republic of the union of myanmar was drafted based on. Myanmar may for a long time remain in a transitional state with an uncertain future.
The constitutions drafted under military dictators in 1974 and 2008. Until its suspension by a military coup in 1988, the new constitution was the basis for the. In this chapter i explore the constitutional arrangement of centrallocal relations and its implications for the transitional regime in myanmar. While burma is still under british colonial rule, the panglong agreement is signed by burmese leader general aung san and several ethnic nationality leaders from the shan, kachin, and chin areas.
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