Statement in support of constitutional democracy in Myanmar

We the undersigned members of the Australia-Myanmar Constitutional Democracy Project (AMCDP), write to condemn the recent coup and arrests of political and community leaders in Myanmar. We support the people of Myanmar as they peacefully resist the military’s constitutionally improper and wilfully undemocratic imposition of a state of emergency. The AMCDP is a consortium ofContinue reading “Statement in support of constitutional democracy in Myanmar”

Why section 144 orders are unconstitutional

Now that the Constitutional Tribunal is back, we can presume past court decisions it has made still stand. This is good news for a challenge to section 144 orders. As demonstrators across the country find creative ways to circumvent section 144 orders, its important to question whether section 144 is constitutional in the way itContinue reading “Why section 144 orders are unconstitutional”

The coup and the capture of the courts

Has the coup in Myanmar led to the capture of the courts? In short, yes. Here I want to explain what the changes in judicial benches – specifically the Supreme Court and Constitutional Tribunal – tell us about what is going on and what might come next. Constitutional Tribunal: After the coup of 1 February,Continue reading “The coup and the capture of the courts”

How Japan matters to Myanmar

It was big news yesterday when Japan’s Kirin announced that because of the military coup it would end its joint venture partnership with Myanma Economic Holdings Public Company Limited, a military owned company. Here is an extract of some brief reflections of Japan’s role in law and development in Myanmar. “The largest donor by farContinue reading “How Japan matters to Myanmar”

Demonetising the currency and the Constitution in Myanmar

Today the military tried to reassure people with a public announcement citing section 36(e) of the Constitution. This is the provision that prohibits the government from demonetising the currency. I have often said to people that this is one of the few provisions of the Constitution with which all people in Myanmar would agree upon.Continue reading “Demonetising the currency and the Constitution in Myanmar”

Myanmar coup on the pretext of a constitutional fig leaf

*Note: this article first appeared in The East Asia Forum on 3 February 2020 On 1 February, the world was shocked by a military coup in Myanmar and the arrest of State Councillor Aung San Suu Kyi, President Win Myint and other political leaders. It shouldn’t have been so surprised. Much of the military’s manoeuvresContinue reading “Myanmar coup on the pretext of a constitutional fig leaf”

Mega constitutional questions in Myanmar

The coup in Myanmar as thrown up a whole lot of mega-constitutional questions. Some of the big ones include: was the Constitution ever legitimate in the first place? Who gets to have the final say on the Constitution? Has the military actually followed the Constitution, as it claimed? And, to what extent can the ConstitutionContinue reading “Mega constitutional questions in Myanmar”