Myanmar’s Constitutional Transition is the Military’s Call

Myanmar’s democracy icon and member of parliament Daw Aung San Suu Kyi is currently visiting Australia. This historic trip is just one reflection of the broader political and legal changes currently taking place in Myanmar.Since 2011 – under the framework of the 2008 Constitution – Myanmar has begun a transition to a quasi-civilian government. One result ofContinue reading “Myanmar’s Constitutional Transition is the Military’s Call”

Constitutional amendment key to 2015 Myanmar elections

The coming month is a time of mixed feelings for all those involved in Burma’s democracy movement. 8 August marks the 25th anniversary of the democracy uprising in Burma that was brutally crushed by the military regime. The sweeping electoral victory of the National League for Democracy (NLD) that followed in 1990 was blatantly denied byContinue reading “Constitutional amendment key to 2015 Myanmar elections”

Constitutional Writs as Weapons in Myanmar

In 2011, Myanmar began its transition to democracy under a civilian-military led government. The process has taken place within the framework of the 2008 Constitution and it has been followed by a range of legal and institutional reforms. One of the important features of the Constitution is that it “re-introduces” constitutionally entrenched writs. This raisesContinue reading “Constitutional Writs as Weapons in Myanmar”

Myanmar, Civilian-military Relations and Constitutional Reform

The rule of law and the constitution matter. This is evident in Myanmar, where current steps towards constitutional amendment have the potential to determine the future direction of the country’s transition process. A key issue is whether the role of the military, as defined by the Constitution of Myanmar, will be changed.  A constitution inContinue reading “Myanmar, Civilian-military Relations and Constitutional Reform”

The Constitution and Emergency Powers in Myanmar

One of the key challenges as a transitional and democratising state is how the government of Myanmar will deal with social tensions and conflict that arise between religious and ethnic communities. The use of emergency powers is one response, although these powers raise serious questions about the capacity and role of a government to addressContinue reading “The Constitution and Emergency Powers in Myanmar”