Search

The Constitution and Emergency Powers in Myanmar

One of the key challenges as a transitional and democratising state is how the government of Myanmar will deal with social tensions and conflict that arise between religious and ethnic communities. The use of emergency powers is one response, although these powers raise serious questions about the capacity and role of a government to address complex social conflicts. Under the 2008 Constitution, the power to declare a state of emergency is dealt with at some length in Chapter XI (art 410 – 435).

The President has exercised his wide powers to declare a state of emergency twice since the Constitution came into effect in 2011. In this article, I critically examine the use of the constitutional power of emergency. I begin by analysing the response of the executive to the conflict in Rakhine state from June to October 2012, and in Meikhtila District in March 2013. I outline the key elements of emergency powers and identify the challenges to the rule of law inherent in the existing constitutional provisions, including how an emergency is defined, the conditions under which it can be declared, who has the power to make such a declaration, how long it lasts, and what effect it has on human rights.


The full article, which is forthcoming in Panorama, Special Ed on Myanmar in Transition, can be accessed here.


Labels

2015 (1) access to justice (1) ACICIS (1) ADB (3) administrative courts (1) administrative law (3) Ahmadiyah (1) Ahok (5) All Indian Law Reporter (1) Allah (1) amendment (3) anthropology (1) ANU (4) article (1) ASAA (1) Asia (8) Asia Research Institute (1) Asian Development Bank (1) Asian law (7) Asian Law Centre (1) Asian Studies (1) AsianLII (2) Attorney General (2) AustLII (1) Australia (10) authoritarianism (1) banking and finance (1) Bawaslu (2) blasphemy (7) blasphemy charges (1) Blasphemy Law (2) blogs (1) book (3) book chapter (1) book launch (3) book review (3) books (1) Buddhism (4) Buddhism and law (1) Buddhist law (1) Burma (54) Burmese language (1) Burmese translation (1) Business (4) call for papers (1) Canada (1) capacity building (2) Cause lawyers (1) Chicago (1) Christianity (1) colloquium (1) commercial law (6) common law (2) comparative constitutional law (1) comparative law (1) conference (17) conflict (3) constitution (20) constitution-building (1) constitution-making (1) constitutional amendment (2) Constitutional Court (4) constitutional law (10) constitutional review (1) constitutional rights (1) Constitutional Tribunal (3) Constitutional Writs (1) Constitutionalism (2) constitutions (1) corporate law (2) course (1) courts (9) Crisis (1) Culture (1) database (1) death sentence (1) deference (1) delegation (1) democracy (7) development (1) Economics (3) edited book (1) election (1) elections (9) electoral disputes (1) emergency powers (5) engagement (1) ethnic recognition (1) Ethnic rights (1) fatwa (1) Federal Court of Australia (1) Forum (1) global law (1) globalisation (1) governor (1) handbook (1) Harvard Law School (1) Hong Kong University (1) Hooker (1) human rights (5) Human Rights Commission (1) ICON (1) IGLP (1) Indonesia (33) Indonesia Council (1) Indonesia Ulama Council (1) Indonesian studies (1) international law (1) international students (1) Interview (5) investment (1) IS (1) Islam (18) Islam and the state (1) Islamic law (1) Islamist (2) Jakarta (9) Jokowi (1) journal (3) journal article (6) judges (1) judicial independence (3) judicial review (1) judicial selection (1) justice sector (1) korea (1) law (22) law and society (2) law faculty (2) law reform (3) Law School (1) lawyer (2) lawyers (2) lecture (1) legal education (5) legal pluralism (1) legal reforms (1) Legal Training (1) local governance (1) major projects (1) Malaysia (2) marriage (1) military (3) minorities (1) moving (1) Muslims (8) Myanmar (103) Myanmar law (1) Naypyidaw (2) Nemo (1) New Constitutions (1) new year (1) newsletter (1) NLD (1) NUS (2) Oxford (1) panel (1) peace process (1) people smuggling (5) Pluralism (1) podcast (1) podcasts (1) political Islam (1) Politics (5) President (1) principles (1) professional legal education (2) radio interview (1) Rakhine State (3) rally (1) referendum (1) reform (4) religion (12) religious intolerance (1) report (5) reports (1) research centre (1) resources (1) Risks (1) RMIT (1) roundtable (2) rule by law (1) rule of law (4) scholars dialogue (1) scholarship (1) scholarships (1) section 144 (1) seminar (17) Shan State (1) Shi'a (1) Shi'ism (1) Singapore (5) social conflict (1) socio-economic rights (1) socio-legal studies (1) Southeast Asia (11) Southeast Asia; Islamic law; electives; UNSW Law; Rule of Law (1) Sri Lanka (1) State (1) statelessness (1) students (1) success (1) Supreme Court (5) Sydney (5) terrorism (1) Thailand (2) tolerance (1) training (2) transition (1) tribute (2) Trisakti University (1) U Ko Ni (4) UAGO (1) UNHCR (1) University of Indonesia (2) University of Melbourne (4) University of Sydney (1) University of Yangon (1) UNSW (20) UNSW Law (3) violence (1) West (2) West Java (1) Windsor Faculty of Law (1) women (1) working paper (1) workshop (18) world bank (1) writs (2) Yangon (3)