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Reviewer Myanmar

The document provides an overview of the government and legal system of Myanmar. It discusses Myanmar's ethnic diversity and history of military rule. The 2008 constitution reorganized civilian courts and established a system of judicial review. However, citizens still cannot expect fair trials due to infrastructure issues, outdated laws, and corruption. The document also describes Myanmar's electoral system, parliamentary structure, presidency, and limitations on presidential power. It notes Myanmar has a combination of customary law and common law traditions but the judicial system is weakened by corruption.

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Jhea Cabos Garado
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30 views1 page

Reviewer Myanmar

The document provides an overview of the government and legal system of Myanmar. It discusses Myanmar's ethnic diversity and history of military rule. The 2008 constitution reorganized civilian courts and established a system of judicial review. However, citizens still cannot expect fair trials due to infrastructure issues, outdated laws, and corruption. The document also describes Myanmar's electoral system, parliamentary structure, presidency, and limitations on presidential power. It notes Myanmar has a combination of customary law and common law traditions but the judicial system is weakened by corruption.

Uploaded by

Jhea Cabos Garado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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THE REPUBLIC OF THE UNION OF MYANMAR Politicized Judiciary-The new constitution creates judicial review of both branches and

stitution creates judicial review of both branches and authorizes the


Supreme Court to enforce fundamental rights, but citizens cannot expect a fair trial due to poor
 ETHNICALLY MOST HETEROGENEOUS SOCIETIES IN THE infrastructure, outdated legal codes, and judicial corruption.
SOUTHEAST ASIA WITH THE 135 OFFICIALLY RECOGNIZED Civilian Courts Were Reorganized-The 2008 Constitution reorganized civilian courts into four levels with
ETHNIC GROUPS. the Supreme Court at the apex and a bifurcated system of judicial review steeped in common law.
- They are called Burmese military (also known as Tatmadaw) they controlled the state for more
than five decades. ------------------------------------------------------------------------------------------------------------------------------
Bagan DYNASTY- King Anawrahta
Taungoo DYNASTY- King Minkyinyo founded the Taungoo.
Konbaung DYNASTY- Alaung Mintaya is the founder of third
Electoral System and Election
In 1923, a dual government structure was established, a so called diarchy Since 2010, elections have been held in Myanmar with a Plurality / Majority system.
Society in colonial Burma assumed a "three tiered" structure, the European at the top, the Indians and Most representative systems use either a winner-take-all system (First past the post - FPTP); Multi-
Chinese at the middle, and at the bottom Agent-Centered System (Block Vote - BV); Most Party-Centered System (Party Block Vote - PBV);
Aung San and the newly formed anti-Farcist People's Freedom League (AFPFL) declared war On Japan. Alternative Vote –AV; and the two-round system - TRS.Myanmar applies FPTP.
BURMESE POLITICIAN, INDEPENDENCE ACTIVIST,REVOLUTIONARY
PRIME MINISTER U NU- •Burmese statesman and nationalist politician. •The military remained in full Amyotha Hluttaw-The upper house is composed of twelve representatives from each region and state.
control of the state bureaucracy, the government,and the BSPP, this result to a spiraling inflation. As there are 14 States and Regions, there are 168 elected members of the Amyotha Hluttaw, along
with 56 representatives from the military. The Amyotha Hluttaw has a total of 224 representatives.
GEN. SAW MAUNG-•Army general, statesman who served as Council of SLORC, and Prime Minister
(1988-1992), On September 18, the Chief of Staff of the Forces and Defensive Minister, installed the Pyithu Hluttaw representatives are elected from constituencies based on each township. As a result,
330 constituencies are elected across the whole country, and 110 military representatives from the
State law and Order Restoration Council. •The SLORC allowed the National League for Democracy (NLD)
military. The Pyithu Hluttaw has a total of 440 representatives.
under the leadership of Aung San Suu Kyi, to participate in the elections for a constitutional assembly in
REGIONAL HLLUTTAW - Two parliamentarians are elected per township, in addition to one
1990 .
for each nationality including 0.1% or more of the national population.
HTIN KYAW-Aung San Sun Kyi was barred to assume as president, th parliament elected her close
confident Htin Kyaw Union as president on March 15, 2016.
WIN MYINT-latest president
In 2003, the SPDC announced a new civilian government .Constitutional Assembly presented a new
constitution in 2008.
CONSTITUTIONAL HISTORY

After independence, Myanmar adopted three constitutions in 1947, 1974 and 2008.
1947 Constitution-Officially the Constitution of the Union of Burma, was drafted and approved By the
Constituent Assembly of Burma in 1947 and was used from the country's independence in 1948 to
1962, when the constitution was suspended by the socialist led by military general Ne Win.
1974Constitution -Officially the Constitution of the Socialist Republic of the Union of Burma, was
approved in a 1973 referendum and was adopted on January 3, 1974.
Powers of Tatmadaw-The Tatmadaw’s commander-in-chief appoints and removes the military members
of parliament. He commands all military units, paramilitary forces and border troops. In case the
president declares a state of emergency, al legislative and executive powers are transferred to the
military commander-in-chief.

SYSTEM OF GOVERNMENT

Myanmar- Unitary State / Presidential system of government (Parliamentary as of 2023) All executive
power is vested in the president, who is also head
of state.Legislative power is vested in the Assembly of the Union (Pyidaungsu Hluttaw), which consists
of the Upper and Lower House.The 14 ethnic states and regions have unicameral state legislatures and
appointed chief ministers. The judiciary is a separate branch of government

Myint Swe - (Acting President of Myanmar)

Min Aung Hlaing -(Chairman of the State Administration Council)

Eligibility criteria for the office are restrictive: Only members of the Union Parliament;at least 46 years
of age; have lived in Myanmar for the last 20 years; an who are familiar with the political,
administrative, economic, and military affairs of the Union.

Impeachment-The Pyidaungsu Hluttaw can impeach the president upon request by a quarter of the
members of the Upper or Lower House. If the motion passes with a two-thirds majority of one house,
the other house conducts the trial hearings and can impeach the president by a two-thirds majority

Limitations on the Presidential Authority- Presidential decrees need confirmation by parliament, which
can also overturn a presidential veto by plurality vote.More importantly, both the NDSC and the
commander-in-chief of the Tatmadaw participate in the government.Control over the interior and
border protection ministries comes with oversight of the police, the prison system, and the General
Administration Department, which oversees all administrative personnel, giving the military de facto
control over the whole civilian bureaucracy.Under a state of emergency, all executive authority is
transferred to the commander-in-chief based on what can be described as a “two-step coup d’e ́

Legislature-Myanmar’s Assembly of the Union (Pyidaungsu Hluttaw) consists of an Upper House, the
House of Nationalities (Amyotha Hluttaw) representing the interests of states and regions, and a Lower
House, the House of Representatives (Pyithu Hluttaw).Together with the regional and state legislatures,
the two chambers are elected for 5-year terms.Members of parliament cannot serve in other elected
or other government positions.Each of the 14 states and regions elects 12 members to the Upper
House; the remaining 56 of the 224 seats are reserved for the military.The House of Representatives
has 440 members, of which 330 are popularly elected and 110 are appointed by the military. All 166
military MPs are appointed by the commander-in-chief of the Tatmadaw.
--------------------------------------------------------------------------------------------------------------------------
MYANMAR: LEGAL AND JUDICIAL SYSTEM

Myanmar’s Law System :is a combination of customary law, codified English common law
Anglo-Indian legal tradition being dissolved In 1962 coup, the military dissolved the Supreme Court
and abolished the regular court system in favor of so-called Special Courts.
1974 Constitution, The Judicial System Transformation Into A Socialist System BSPP (Burma Socialist
Programme Party) Socialist State introduced so-called People’s Tribunals.
Corruption in the Judicial System-Myanmar has a weak rule of law and high levels of public corruption,
reflected in its low rankings in the World Bank's and Transparency International's indices.

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