Format:
1 Online-Ressource (xxiv, 252 pages)
Edition:
First edition
ISBN:
9781509927388
,
9781509927371
,
1509927352
Series Statement:
Constitutional systems of the world
Content:
"This timely and accessible book is the first to provide a thorough analysis of the 2008 Constitution of Myanmar (Burma) in its historical, political and social context. The book identifies and articulates the principles of the Constitution through an in-depth analysis of legal and political processes and practises, particularly since the 1990s. The core argument of this book is that the 2008 Constitution is crucial to the establishment and maintenance of the military-state. The military-state promotes the leadership role of the military in governance based on a set of ideological commitments and a centralised form of organisation based on the concept of the Union. The book develops this argument by demonstrating how the process of constitution-making and the substance of the 2008 Constitution contribute to its lack of credibility and fuel demands for reform. The vision offered by the 2008 Constitution and its associated institutions has been the subject of fierce contestation, not least, for example, due to concerns over the militarisation of the state. This book is animated by debates over fundamental ideas such as the nature of democracy, the possibility of peace and federalism, the relationship between the executive and the legislature, relations between the Union government and sub-national governments, debates over judicial independence and the oversized role of the Tatmadaw (armed forces). Central to the future of the Constitution and the military-state is the role of the Tatmadaw, which will be a key determinant in any potential shift from the present highly centralised, partly-democratic Union to a federal or decentralised democratic system of governance."--
Content:
1. Introducing Myanmar's 2008 Constitution -- I. Constitutional Context -- II. Constitutional Codification and the Constitutional Tribunal -- III. The Constitution in a Military-state -- IV. Organisation of the Book -- 2. The Origins and Content of the 2008 Constitution: An Overview -- I. Parliamentary Democracy and the 1947 Constitution -- II. Ne Win's 'Burmese' Socialism and the 1974 Constitution -- III. The Military and Constitution-making: 1990Ś€"2000S -- IV. The Preamble and the Basic Principles of the Constitution -- V. Conclusion -- 3. The Military: The Pre-eminence of the Tatmadaw in Governance -- I. The Three Main National Causes -- II. The Commander-in-Chief -- III. Forces Affiliated with the Tatmadaw -- IV. The National Defence and Security Council -- V. States of Emergency -- VI. Tatmadaw Watchmen in the Legislature -- VII. Courts Martial -- VIII. Conclusion -- 4. The Electoral System and Limits on Political Participation -- I. Political Parties and Candidates -- II. The Right to Vote and Run for Office -- III. The Proposal for Proportional Representation -- IV. The Administration of Elections -- V. The Resolution of Electoral Disputes -- VI. Complaints Against Legislators: The Right to Recall -- VII. Conclusion -- 5. The Legislature -- I. The Union Legislature: A Tricameral System -- II. The Loyalties, Privileges and Responsibilities of Legislators -- III. The Scope of Legislative Power -- IV. Conclusion -- 6. The Executive -- I. The President as Head of the Union -- II. The Centralising Mandate of the Union Government -- III. Constitutional Commitments to a Market Economy -- IV. Aung San Suu Kyi and the Office of the State Counsellor -- V. The Administration of Union Territories -- VI. Conclusion -- 7. Subnational Governance, Federalism and Ethnic Recognition -- I. Territorial Representation: States and Regions -- II. Sub-national Legislative Representation of National Races -- III. Special Governance Arrangements for Six Areas -- IV. Conclusion.
Content:
8. The Judiciary as an Administrative Institution I. The Union Supreme Court -- II. Sub-national Courts in a Unitary Judicial System -- III. The Constitutional Tribunal -- IV. Conclusion -- 9. Constitutional Duties and the Contingency of Rights -- I. The Status of International Law and Conventions -- II. The Pre-eminence of Duties -- III. Constitutional Writs in the Supreme Court IV. The National Human Rights Commission -- V. Conclusion -- 10. The Peace Process and Constitutional Change -- I. The Peace Process: Normalising Debates on Federalism -- II. The National Ceasefire Agreement: Peace in the Military-state -- III. The 37 Principles as Constitutional Foundation 6 IV. The Process and Procedure of Constitutional Amendment -- V. Proposals for Constitutional Reform -- VI. Conclusion -- 11. Conclusion -- I. The Centrality of the Constitution to the Military-state -- II. Implications for Comparative Constitutional Inquiry.
Note:
Abstract freely available; full-text restricted to individual document purchasers
,
Includes bibliographical references and index
Additional Edition:
ISBN 9781509927357
Additional Edition:
Erscheint auch als Druck-Ausgabe Crouch, Melissa The constitution of Myanmar Oxford : Hart, 2019 ISBN 9781509927357
Additional Edition:
ISBN 9781509933143
Additional Edition:
ISBN 9781509927371
Additional Edition:
ISBN 9781509927364
Language:
English
Keywords:
Myanmar
;
Verfassungsrecht
;
Electronic books
DOI:
10.5040/9781509927388
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