Melissa Crouch

The Constitution of Myanmar

A Contextual Analysis

• Broschiertes Buch

Produktbeschreibung

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.

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Produktdetails

• Constitutional Systems of the World
• Verlag: Bloomsbury 3PL
• Seitenzahl: 276
• Erscheinungstermin: 7. Mai 2020
• Englisch
• Abmessung: 216mm x 140mm x 15mm
• Gewicht: 351g
• ISBN-13: 9781509933143
• ISBN-10: 150993314X
• Artikelnr.: 59412758

Autorenporträt

Melissa Crouch is Associate Professor in Law at the University of New South Wales.

Inhaltsangabe

1. Introducing Myanmar's 2008 Constitution I. Constitutional Context II.
Constitutional Codification and the Constitutional Tribunal III. The
Constitution in a Military-state IV. Organisation of the Book 2. The
Origins and Content of the 2008 Constitution: An Overview I. Parliamentary
Democracy and the 1947 Constitution II. Ne Win's 'Burmese' Socialism and
the 1974 Constitution III. The Military and Constitution-making:
1990S-2000S IV. The Preamble and the Basic Principles of the Constitution
V. Conclusion 3. The Military: The Pre-eminence of the Tatmadaw in
Governance I. The Three Main National Causes II. The Commander-in-Chief
III. Forces Affiliated with the Tatmadaw IV. The National Defence and
Security Council V. States of Emergency VI. Tatmadaw Watchmen in the
Legislature VII. Courts Martial VIII. Conclusion 4. The Electoral System
and Limits on Political Participation I. Political Parties and Candidates
II. The Right to Vote and Run for Office III. The Proposal for Proportional
Representation IV. The Administration of Elections V. The Resolution of
Electoral Disputes VI. Complaints Against Legislators: The Right to Recall
VII. Conclusion 5. The Legislature I. The Union Legislature: A Tricameral
System II. The Loyalties, Privileges and Responsibilities of Legislators
III. The Scope of Legislative Power IV. Conclusion 6. The Executive I. The
President as Head of the Union II. The Centralising Mandate of the Union
Government III. Constitutional Commitments to a Market Economy IV. Aung San
Suu Kyi and the Office of the State Counsellor V. The Administration of
Union Territories VI. Conclusion 7. Subnational Governance, Federalism and
Ethnic Recognition I. Territorial Representation: States and Regions II.
Sub-national Legislative Representation of National Races III. Special
Governance Arrangements for Six Areas IV. Conclusion 8. The Judiciary as an
Administrative Institution I. The Union Supreme Court II. Sub-national
Courts in a Unitary Judicial System III. The Constitutional Tribunal IV.
Conclusion 9. Constitutional Duties and the Contingency of Rights I. The
Status of International Law and Conventions II. The Pre-eminence of Duties
III. Constitutional Writs in the Supreme Court IV. The National Human
Rights Commission V. Conclusion 10. The Peace Process and Constitutional
Change I. The Peace Process: Normalising Debates on Federalism II. The
National Ceasefire Agreement: Peace in the Military-state III. The 37
Principles as Constitutional Foundation 6 IV. The Process and Procedure of
Constitutional Amendment V. Proposals for Constitutional Reform VI.
Conclusion 11. Conclusion I. The Centrality of the Constitution to the
Military-state II. Implications for Comparative Constitutional Inquiry