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”
A Burmese translation of the book “The Constitution of Myanmar: A Contextual Analysis” is available here.
*This post was first published on the International Association of Constitutional Law blog The idea of constitutional landmarks contains a set of basic presumptions. It presumes that courts are important and that they receive cases. It presumes that constitutional landmarks are based upon a liberal democratic conception of law. It presumes that courts offer reasons forContinue reading “Anti-Democratic Constitutional Landmarks”
The Indonesian Journal of International and Comparative Law has a new podcast series, hosted by the Institute for Migrant Rights in Cianjur, Indonesia. A podcast on the nature of democracy in Myanmar’s military-state can be found here, alongside other podcasts by scholars addressing a range of issues concerning international and comparative law.
The tail end of the twentieth century was a good time for constitutional lawyers. Leapfrogging around the globe, they offered advice on how to amend, write or rewrite one state constitution after the next following the collapse of the Soviet Union and with it, the communist bloc. Largely overlooked in the flurry of constitution draftingContinue reading “New Books Network podcast on Myanmar’s Constitution”
*This article was first published in The Interpreter by the Lowy Institute We all desperately wanted Myanmar to be a democratic success story, myself included. In 2015, I witnessed the historical national election when the Aung San Suu Kyi’s political party won enough seats to form government. Five years later, on 8 November, people in Myanmar willContinue reading “Why Myanmar’s Elections Will be Neither Free, Fair nor Safe”
My article on ‘Pre-emptive constitution-making: Authoritarian Constitutionalism and the Military in Myanmar” (2020) Law & Society Review 54(2) is now out Abstract: Constitutions are an important feature of many authoritarian regimes. But what role do they in fact perform in processes of authoritarian regime stabilization and legitimation? Much of the contemporary literature focuses on authoritarian constitutionalism in transitions awayContinue reading “Pre-emptive Constitution-making”
On Wednesday 22 January, there will be a book launch and discussion panel at The Asia Foundation office in Yangon for the launch of The Constitution of Myanmar.The panel will be chaired by Helene Maria Kyed, and feature panelists Dr Lian K Sakhong, Saw Kapi and Htet Min Lwin. Copies of the book are available for sale at the Myanmar Book Centre.Continue reading “Yangon Book Launch The Constitution of Myanmar”
My article on How the State in Myanmar Uses Law to Exclude the Rohingya, is now out outline with Journal of Contemporary Asia. This comes as protests are set to occur in Myanmar on 10 December in support of Daw Suu and her position on the Rohingya. The We Stand with You campaign comes in advance ofContinue reading “New article: States of Legal Denial”
*This article first appeared in New Mandala on 20 November 2019 Available also in Burmese, and in Bahasa Indonesia. Political actors in Myanmar are in a struggle over constitutional reform, which is a form of political capital. All the key political actors want to control the prospects for constitutional reform and benefit from the political capital this opportunity offers. AmongContinue reading “Illiberalism and Democratic Illusions in Myanmar: Constitutional Reform as Political Capital”