Constitutionalism and Legal Change in Myanmar

Author: Andrew Harding; Khin Khin Oo
Publisher: Hart Publishing
ISBN: 9781849467902

Published In: January 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509929771

List Price: RM702.00

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Description
Contents

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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.

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