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”