*This post first appeared in The Diplomat on 11 March In every major city in Myanmar, protestors have denounced the February 1 coup, calling for an end to military rule and the restoration of democracy. Resistance has taken many forms and has been supported by local lawyers who have shown that the coup was unconstitutional.Continue reading “Did the Myanmar coup install an illegitimate president?”
Category Archives: MYANMAR
The power of women under Myanmar’s military coup
Why are people in Yangon and elsewhere hanging up women’s skirts? See cultural anthropologist Melford Spiro’s classic work [Kinship and Marriage in Burma: A Cultural and Psychodynamic Analysis ,1977]: “In Burma, the primary reason offered for male superiority is the belief that men possess that innate, inborn quality, known as hpoun…[it] is a psycho-spiritual quality,Continue reading “The power of women under Myanmar’s military coup”
Webinar: Constitutional Breakdowns, Coups, Crises and Disruptions: Experiences from the Commonwealth
This webinar will consider the paralysis in governance caused by a constitutional crisis. Is there a legitimating process? To what extent can the principles of separation of powers be invoked as a check and balance on abuse of power? An important feature in this discourse is the role of the Courts as the sentinel ofContinue reading “Webinar: Constitutional Breakdowns, Coups, Crises and Disruptions: Experiences from the Commonwealth”
After Myanmar’s coup: Can the military hold a new election?
*This article first appeared in the University of Melbourne’s Election Watch, 26 February 2021 Elections hold a controversial place in politics in Myanmar. In 2010, after decades of military rule, first under the guise of socialism and then through martial law, the military chose to reintroduce multi-party elections and to honour the results of theContinue reading “After Myanmar’s coup: Can the military hold a new election?”
Decoding the amendments to the Penal Code
The Penal Code and Code of Criminal Procedure are more familiar to many people in Myanmar than the Constitution itself. This is because of the use, overuse or misuse of these laws. By amending these laws, the military is revealing its own vulnerabilities and insecurities. Orders 5 and 6 issued by the military make severalContinue reading “Decoding the amendments to the Penal Code”
Whats wrong with the rights in Myanmar’s Constitution
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”
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”
Melissa Crouch 