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Constitutionalism and Legal Change in Myanmar de Andrew Harding

Constitutionalism and Legal Change in Myanmar

Editat de Andrew Harding, Khin Khin Oo
en Limba Engleză Hardback – 25 ian 2017
Myanmar's Constitution of 2008 was the 'road map' for the reform process that began in 2011. Despite extensive criticism of this Constitution for its emphasis on the role of the military, much progress has been made towards constitutional government and law reform. With the election of the opposition NLD to government in the general election of November 2015 and the presidential electoral college election of March 2016,now is the time to consider the Constitution, and prospects and needs for constitutional change as Myanmar moves towards democracy and the rule of law.Much has been made of the Constitution's rigidity, which is seen as an obstacle to reform and inconsistent with embracing the rule of law, human rights and multi-party democracy, especially with a rapidly transforming state and society. Nonetheless, the Constitution is also seen as having potential to be a very positive force for reform.Many issues arise now for constitutionalism and constitutional change: presidency; federalism and territorial governance; the status of minorities and freedom of religion; civil liberties in what is described as a 'discipline-flourishing democracy'; the courts, justice and the rule of law; the electoral system; and many more. This book is an attempt to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.
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Specificații

ISBN-13: 9781849467902
ISBN-10: 1849467900
Pagini: 312
Dimensiuni: 156 x 234 x 23 mm
Greutate: 0.59 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The book attempts to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.

Notă biografică

Andrew Harding is Professor of Law at the National University of Singapore.Khin Khin Oo is an Associate Professor at the Department of Law, University of Yangon, Myanmar.

Cuprins

1. Seeking Constitutional Settlement in Myanmar Janelle Saffin2. Rule of Law Concepts in Burma's Constitutions and Actual Practice: No Ground for OptimismMyint Zan3. A Second Panglong Agreement: Burmese Federalism for the Twenty-first Century David C Williams4. Irresistible Forces and Immovable Objects: Constitutional Change in Myanmar Andrew Harding5. The 2008 Constitution: The Evolution of Leadership Priscilla Clapp6. Contesting the Rules: Myanmar's 2015 Election and Electoral Integrity Bridget Welsh7. Achieving 'Genuine Federalism'? Myanmar's Inexorable Path Towards Constitutional Devolution andDecentralised Governance Marcus Brand8. The Everyday Emergency: Between the Constitution and the Code of Criminal Procedure in Myanmar Melissa Crouch9. How the Constitutional Tribunal's Jurisprudence Sparked a Crisis Dominic Jerry Nardi, Jr10. Judicial Power and the Constitutional Tribunal: Some Suggestions for Better Legislation Relating tothe Tribunal and its RoleKhin Khin Oo11. Human Rights under the New Regime Catherine Renshaw12. The Legal Profession and the Substantive Rule of Law in Myanmar Janelle Saffin and Nathan Willis

Recenzii

This book is an excellent contribution to both the scholarly and practical conversations on the transition to democracy in Myanmar, at the heart of which must be a discussion on the nature of the Constitution itself.
Constitutionalism and Legal Change in Myanmar is a valuable contribution to the literature in multiple fields: comparative studies, constitutionalism and Myanmar/Burma studies. It focuses on a critical topic for the future of Myanmar, and so reaches both academic and non-academic audiences. It provides an excellent introduction to the subject of constitutionalism in Myanmar. It also offers a model that serves as a starting point for future compilations that can maintain the book's focus on issues that are sure to change in the fluid environment of Myanmar's ongoing transition.
This edited collection, the first book on any Burma (aka Myanmar) constitution in English since 1961, is timely and unique in scope. Written by an impressive collection of academics and diplomats (both current and former), the book seeks to demystify some of the issues surrounding the origins and operation of the controversial 2008 Constitution ... Look no further than this book for your constitutional guide.
[T]he book makes an important contribution to the English-language scholarship on Myanmar's Constitution and questions of constitutionalism. Despite the book being written in the "constitutional moment" before elections in 2015 it is relevant today and will remain so as long as there is continued demand for constitutional amendment, federalism, and a peace agreement, under a framework that values universal rights and justice.