I hesitate in writing this post, as I have with many others. Explaining how an authoritarian constitution works is a separate matter from endorsing it, but often the two can get confused. To be clear, I do not agree with Chapter VIII on rights and duties in the Constitution, but I want to explain howContinue reading “Whats wrong with the rights in Myanmar’s Constitution”
Author Archives: Melissa Crouch
Who has the power to release prisoners?
On 12 February, the military released thousands of criminals from prison (note: this is not unusual, on the same day last year, the former president pardoned 25,000 prisoners). The Commander in Chief claimed to be exercising presidential power under section 204(a) of the Constitution (Order 58/2021). This is an example of the Commander in ChiefContinue reading “Who has the power to release prisoners?”
Coopting Federalism: Union Day and the Three Main National Causes
Today was Union Day in Myanmar. This is the day that commemorates the signing of the Panglong Agreement in 1947. It is customary for a government to set out its priorities on this day. The military’s priorities this year share broad similarities with the NLD’s in 2020. Both refer to the Three Main National Causes,Continue reading “Coopting Federalism: Union Day and the Three Main National Causes”
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”
Section 144 Orders and the Everyday Emergency
Last week I flagged that we were likely to see the military use Section 144 orders. There appear to be rumours that a section 144 order could apply to Yangon tonight. Its important to understand the history of section 144, how it has been used by the military in the past (1974, 1988, 2012 etc),Continue reading “Section 144 Orders and the Everyday Emergency”
The Illegality of Myanmar’s Coup
The coup in Myanmar came in the wake of two major legal disputes – first, whether the military had the right to demand copies of electoral data, and two, whether the President and Speaker can refuse to convene a special session of the legislature. The military has raised both of these legal issues in itsContinue reading “The Illegality of Myanmar’s Coup”
State of emergency powers as a threat in Myanmar
We are now in the second day of protests amidst an internet blackout in Myanmar. Its important to keep in mind that the military has used the threat of a state of emergency in the past. Here is a reflection from my fieldwork in 2014 at a rally for constitutional amendment and the threats byContinue reading “State of emergency powers as a threat in Myanmar”
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”
Melissa Crouch 