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Author: Melissa Crouch
Publisher: Bloomsbury Publishing
ISBN: 1509927360
Category : Law
Languages : en
Pages : 246
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Book Description
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.
Author: Melissa Crouch
Publisher: Bloomsbury Publishing
ISBN: 1509927360
Category : Law
Languages : en
Pages : 246
Get Book Here
Book Description
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.
Author: Maung Maung
Publisher: Springer Science & Business Media
ISBN: 9401188904
Category : Political Science
Languages : en
Pages : 349
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Book Description
This is an attempt to study and interpret the Constitution of the Union of Burma which has now passed its tenth year. A constitution read outside the context of constitutional history is incomplete, and I have, therefore, tried to trace the developments which culminated in the constitution; then study its important features with reference, where necessary, to the background in which they took shape and form; and, while studying how the constitution has been working, touch lightly on contemporary events and trends. It is a vast canvas I am trying to cover and what I am able to draw on it would inevitably be sketchy. But I do not write as a historian whose focus is on detail in a narrow area. Rather, having dug and gathered the facts, I trace their sweep in history. The details I willingly and happily leave to the historians, hoping only that my study will be of some use to them, if only as a target for their learned criticism. Some of the events and people I describe are still too near, and a clear perspective is therefore difficult. What is nearest appears biggest, and I often find it tempting to see and accept that Burma's history as a new independent nation began with the students' strike of 1936 or the resistance movement during the Second World War.
Author: Andrew Harding
Publisher: Bloomsbury Publishing
ISBN: 1509902112
Category : Law
Languages : en
Pages : 280
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Book Description
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.
Author: Sujit Choudhry
Publisher: Edward Elgar Publishing
ISBN: 9781783472956
Category : Constitutional history
Languages : en
Pages : 0
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Book Description
Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.
Author: Albert D. Moscotti
Publisher: Institute of Southeast Asian
ISBN:
Category : Political Science
Languages : en
Pages : 198
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Book Description
In two parts: on the Constitution (Sections I-V) and on the Elections of 1974 and the Organizing of the New Government (Sections VI-X). Includes in the final section a commentary of the Constitution at the local level. Contains documents from the English language press, the text of the Constitution as published in English in 1974 and materials on major developments of 1974 such as chronologies on the making of the new Constitution and events relating to the election, a report on the Draft Constitution and information on the elections, the preparations for and results of a national referendum on the new Constitution. Material has been culled from a variety of sources, in particular the government-controlled newspapers, The Working People's Daily and The Guardian, which carry important texts, official government announcements and statements.
Author: Ashley South
Publisher: Flipside Digital Content Company Inc.
ISBN: 9814786225
Category : Political Science
Languages : en
Pages : 330
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Book Description
Myanmar is going through a period of profound - and contested - transition. The country has experienced widespread if sometimes uneven reforms, including the start of a peace process between the government and Myanmar Army, and some two dozen ethnic armed organizations, which had long been fighting for greater autonomy from the militarized and Burman-dominated state. This book brings together chapters by Burmese and foreign experts, and contributions from community and political leaders, who discuss the meaning of citizenship in Myanmar/Burma. The book explores citizenship in relation to three broad categories: issues of identity and conflict; debates around concepts and practices of citizenship; and inter- and intra-community issues, including Buddhist-Muslim relations. This is the first volume to address these issues, understanding and resolving which will be central to Myanmar's continued transition away from violence and authoritarianism.
Author: Josef Silverstein
Publisher: Cornell University Press
ISBN: 1501718959
Category : Literary Collections
Languages : en
Pages : 178
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Book Description
This work compiles selected speeches, letters, and statements by the father of Burmese independence, Aung San. The editor's introduction offers an overview of this remarkable man's life, thought, and achievements. The documents included here provide insight into the politics of Aung San—an eminently pragmatic leader focused on attaining both national unity and social harmony—through his own words.
Author: Helena Alviar García
Publisher: Edward Elgar Publishing
ISBN: 1788117859
Category : Law
Languages : en
Pages : 399
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Book Description
The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community.
Author: Melissa Crouch
Publisher: Bloomsbury Publishing
ISBN: 1509927379
Category : Law
Languages : en
Pages : 277
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Book Description
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.
Author: Ye Htut
Publisher: ISEAS-Yusof Ishak Institute
ISBN: 9814843571
Category : Political Science
Languages : en
Pages : 280
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Book Description
This book is about the politics of Myanmar under the reformist president Thein Sein. After taking office in March 2011, Thein Sein initiated the bloodless Myanmar Spring. He was able to transform Myanmar into a more transparent and dynamic society, bring Aung San Suu Kyi and other opposition activists into the political process, initiate a peace process with the ethnic armed organizations, reintegrate Myanmar into the international community after five decades of isolation, and, most importantly, for the first time since the country regained independence in 1948, he was able to enact the peaceful transfer of power from one elected government to another. But Thein Sein also lost opportunities to deliver what the people anticipated, and he failed to bring his USDP party to victory in the 2015 election. This book is not about the successes of the Thein Sein administration. Rather, it examines the reasons behind the lost opportunities in the transition to democracy. It draws on the author’s experiences as a member of Thein Sein’s cabinet as well as on extensive interviews with other cabinet members and politicians involved in the crucial events that took place between 2010 and 2016. The book is a must-read for anyone interested in this critical period of change for Myanmar.
