Search

Myanmar's Constitutional Tribunal


Myanmar is one of the most recent countries in the world to have established a Constitutional Tribunal. Yet the operation of the Tribunal flies in the face of assumptions common to global constitutionalism. At present, external factors such as globalised judicial networks or comparative concepts of rights-based review have had little influence in Myanmar. Instead, the operation of the Tribunal can be explained by two main internal factors and the actions, or inaction, of elite political actors. I demonstrate this by analysing the Constitutional Tribunal under President Thein Sein (2011-2012; 2013-2016) and then the National League for Democracy government (2016-). In this talk I focus on the issue of the right to vote and citizenship to illustrate when and why elites (both democrats and dictators) use the Tribunal. Although the global community largely perceived the 2015 elections to be free and fair, in fact the decision of the Tribunal combined with the actions of Parliament contributed to the mass disenfranchisement of over one million people (many of whom are Rohingya). In this respect, the Tribunal has reinforced a limited nationalist understanding of the 2008 Constitution. As a monumental shift has taken place from direct military rule to military-led constitutionalism in Myanmar, I offer an important and timely reflection on the implications of the role of the Tribunal as a forum for constitutional dialogue between military dictators and democratically elected representatives. This talk is based on a forthcoming article in the International Journal of Constitutional Law (2018).
 
Date: 18 April 2018
Location: Melbourne Law School
Hosted by the Asian Law Centre and the Centre for Statelessness, University of Melbourne

Labels

2015 (1) Academic Association (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) AMSEAS (3) anthropology (1) ANU (4) article (1) ASAA (2) ASEAN 360 (1) Asia (8) Asia Research Institute (1) Asia Society (2) Asian Development Bank (1) Asian law (7) Asian Law Centre (1) Asian Studies (1) AsianLII (2) Attorney General (2) AustLII (1) Australia (11) Australia-ASEAN Summit (1) 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 (5) Buddhism and law (1) Buddhist law (1) Burma (57) Burmese language (1) Burmese students (1) Burmese translation (1) Business (4) call for papers (1) Canada (1) capacity building (2) Cause lawyers (1) Chicago (1) Christianity (1) citizenship (1) colloquium (1) commercial law (6) common law (2) comparative constitutional law (1) comparative law (1) conference (17) conflict (3) constitution (22) constitution-building (1) constitution-making (1) constitutional amendment (2) Constitutional Court (4) constitutional law (11) constitutional review (1) constitutional rights (1) Constitutional Tribunal (5) Constitutional Writs (1) Constitutionalism (2) constitutions (2) corporate law (2) course (1) courts (11) Crisis (1) Culture (1) Dan S Lev (1) database (1) death sentence (1) deference (1) delegation (1) democracy (8) 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 (2) Harvard Law School (1) Hong Kong University (1) Hooker (1) human rights (5) Human Rights Commission (1) ICON (1) IGD (1) IGLP (1) Indonesia (37) Indonesia Council (1) Indonesia Ulama Council (1) Indonesian studies (1) International IDEA (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) Ko Ni (1) korea (1) law (22) law and society (3) law faculty (2) law reform (3) Law School (1) lawyer (2) lawyers (2) lecture (1) legal education (5) legal pluralism (1) legal process (1) legal reforms (1) Legal Training (1) local governance (1) LSA (1) Mainland Southeast Asia (3) major projects (1) Malaysia (2) marriage (1) military (3) minorities (1) moving (1) Muslims (8) Myanmar (114) Myanmar law (1) Naypyidaw (2) Nemo (1) New Constitutions (1) new year (1) newsletter (1) NLD (1) NUS (2) Oxford (1) panel (1) parliament (1) peace (1) peace process (1) people smuggling (5) Pluralism (1) podcast (1) podcasts (1) political Islam (1) Politics (6) President (1) principles (1) professional legal education (2) publication (1) radio interview (1) Rakhine State (4) rally (1) referendum (1) reform (4) religion (14) 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) secularism (1) seminar (18) Shan State (1) Shi'a (1) Shi'ism (1) Singapore (5) social conflict (1) socio-economic rights (1) socio-legal studies (1) Southeast Asia (13) Southeast Asia; Islamic law; electives; UNSW Law; Rule of Law (1) Sri Lanka (3) State (1) statelessness (1) students (1) success (1) Supreme Court (6) Sydney (7) terrorism (1) Thailand (4) tolerance (1) training (2) transition (1) tribute (2) Trisakti University (1) U Ko Ni (4) UAGO (1) UNHCR (1) University of Indonesia (3) University of Melbourne (5) University of Sydney (1) University of Yangon (1) UNSW (24) 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)