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”

Myanmar’s empty promise of constitutional reform

*This article was first published here in The Interpreter on 3 February 2020 Myanmar’s transition in 2011 was only ever partial. After all, the country transitioned from direct military rule without a constitution, to a constitutional system where the military reserved for itself unelected seats in parliament. The National League for Democracy (NLD) was wellContinue reading “Myanmar’s empty promise of constitutional reform”

Why Myanmar’s Military is Wrong: This is not a Constitutional Emergency

*This article was first published in The Age as ‘The power and ambition behind Myanmar’s coup’ on 2 February 2020 Aung San Suu Kyi is back in familiar territory, under arrest. Early Monday morning she, along with the president and many others, were arrested in a cunning move by the military. So far, at leastContinue reading “Why Myanmar’s Military is Wrong: This is not a Constitutional Emergency”

The risks of constitutional change in authoritarian regimes

In a recent book chapter I analyse the risks that democratic actors face if they seek to reform a constitution drafted by an authoritarian regime – taking Myanmar as the case in point. Melissa Crouch (2020) ‘Authoritarian Straightjacket or Vehicle for Democratic Transition?: The Risky Struggle to Change Myanmar’s Constitution’ in Tom Ginsburg and AzizContinue reading “The risks of constitutional change in authoritarian regimes”

Emergency Powers in Myanmar

Emergency Powers in Myanmar are complicated. Here is my take on how emergency powers in the Constitution are supposed to work – see here A few brief notes – the president has the power under section 417 to declare an emergency in consultation with the National Defence and Security Council. All power is transferred toContinue reading “Emergency Powers in Myanmar”

Women and the Judiciary in the Asia-Pacific

Melissa Crouch (edited volume, Cambridge University Press) The judiciary is an important institution in efforts to overcome and address issues of inequality, discrimination and gender injustice for women. The feminisation of the judiciary – both in its simple meaning of entrance into the profession as well as its more substantive forms of realising gender justiceContinue reading “Women and the Judiciary in the Asia-Pacific”

The Constitution of Myanmar: A Contextual Analysis

Melissa Crouch (Hart Publishing) 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 offers an in-depth exploration of the key elements of the 2008 Constitution in theory and practice. The book canvasses the historical foundationsContinue reading “The Constitution of Myanmar: A Contextual Analysis”

The Politics of Court Reform: Judicial Change and Legal Culture in Indonesia

Melissa Crouch (edited volume, Cambridge University Press)  In this volume, experts on Indonesian law and courts reflect on the growth and changes in the role and function of courts in Indonesia. Indonesia’s judiciary is a critical part of its democratic system. Since the transition from authoritarian rule in 1998, a range of new specialized courtsContinue reading “The Politics of Court Reform: Judicial Change and Legal Culture in Indonesia”

Judicial Independence in Asia

On 14 January, the Nagoya University Centre for Asian Legal Exchange (CALE) and the Graduate School of Law are hosting a webinar on judicial independence in ASEAN. In order to safeguard independent judiciary in any jurisdiction, policymakers have to create adequate frameworks for appointing and promoting judges, as well as securing their independent status. ASEAN memberContinue reading “Judicial Independence in Asia”