While burma is still under british colonial rule, the panglong agreement is signed by burmese leader general aung san and several ethnic nationality leaders from the shan, kachin, and chin areas. The constitution of the union of burma, 24 september 1947. The constitution of greece in the name of the holy and consubstantial and indivisible trinity part one basic provisions section i the form of government article 1 1. The 2010 vote was not the countrys first attempt to return to elected governance.
The myanmar constitution requires that before any one of its most important provisions are amended, three steps must be taken. Burma is a sovereign independent socialist state of the working people. I focus on how and why the current constitution recognises the rights of ethnic minorities compared to past constitutions. 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. Another change of system took place with the second constitution of 1974 when the. Myanmars transition under the 2008 constitution the beginning of 2011 marked the initiation of a new political and legal system in myanmar. Seminar on the constitutional court of italy myanmar constitutional tribunal office. The regions can be described as ethnically predominantly burman bamar, while the states, the zones and wa division are dominated by ethnic minorities yangon region has the largest population and is the most densely populated. National constitutions, draft constitutions, amendments and announcements texts. This article examines the legal status of the rohingya in myanmar by analysing relevant constitutional provisions of 1947, 1974 and 2008 and other major citizenship. The burma socialist programme party is the sole political party and it shall lead the state.
The constitution of the republic of the union of myanmar is the supreme law of myanmar. The sovereign powers of the state, legislative, executive and. In 1974, ne win introduced a socialist constitution and singleparty parliament, albeit one. Yangonon july 19 martyrs day in myanmar the national league for democracy nld wound up an eightweek campaign calling for changes to the countrys constitution. After the 1962 burmese coup detat, a second constitution was enacted in 1974. Constitution of the republic of the burma campaign uk. Dr maung maung died in rangoon, burma on 2 july 1994. While burma is still under british colonial rule, the panglong agreement is signed by. Mlmb covers every law included in burma code, in addition to every myanmar law enacted since 1948 when myanmar became independent. The coat o airms haes twa chinthe meethical lions facin opposite ane anither, an at its center is a cairt o burma. It provides maximum flexibility in the management and administration of companies. The recognition of these states and regions is therefore not selfevident, but should rather be seen as a relatively recent construct. Chronology of burmas constitutional process human rights watch. The new state seal, as stipulatit bi chapter xiii o the 2008 constitution, wis adoptit in the 2008 burmese constitutional referendum.
The country was subsequently ruled by a military junta, known first as the state law and order restoration council slorc and, between 1997 and 2011, as the state peace. Pdf of law in english consulted on 20110803 abstractcitation. This law shall extend to the whole of the republic of the union of myanmar and shall also apply to all the citizens of the republic of the union of myanmar residing outside the republic of the union of myanmar. Includes in the final section a commentary of the constitution at the local level. Subject to the provisions of this constitution, the state shall have the right to regulate, alter or abolish land tenures or resume possession of any land and distribute the same for collective or cooperative farming or to. Revolutionary council to the burma socialist program. Comparing three versions of the myanmar burma constitution. Myanmar companies law model constitution company constitution of insert company name company adopted on 20 note 1. In mldb, myanmar laws which are categorized according to year of issue and area of laws are available. In the 1974 constitution, only the pyithu hluttaw house of representatives had the power of interpretation according to article 200 and 201. It agreed on 104 basic principles to be included in the formation of new constitution. The 1974 constitution defined myanmar as a socialist democracy.
Section 200 a in interpreting the expressions contained in this constitution, reference shall be made to the interpretation law ppgromulgated byy the. Myanmars first constitution adopted by constituent assembly was enacted for the union of burma in 1947. Burmas constitution and elections of 1974 bookshop. General overview of myanmars national legal provisions on childrens rights, including guidance on how to conduct further research.
Bingham centre for the rule of law january 2014 bingham centre working paper no 201401. The constitution of the union of burma rangoon, supdt, govt. Since 1993, while myanmar was still under military rule. Theconstitutionofthefederalrepublicoftheunionofburmaseconddraft.
Selected judgements of lower burma 18721892 printed judgements of lower burma 18931900 lower burma rulings of the chief court, rangoon 19001922. Mmr2008c79572constitution of the republic of the union of myanmar. However, as democratic system could not be effectively materialized, the new constitution of the socialist republic of the union of myanmar was drafted based on the single party system, and after holding a national referendum, a socialist democratic state was set up in 1974. Chapter concerns the state flag, state seal, national anthem and the capital. Constitution of the union of burma wikisource, the free. After the myanmar armed forces crushed a nationwide prodemocracy uprising in september 1988, the countrys official name in english was changed from its post1974 form, the socialist republic of the union of burma, back to the union of burma, which had been adopted. This system is regulated and framed by the 2008 constitution. It also provided for a unicameral legislature and section 11 prescribed that the state shall adopt a singleparty system. The constitutional recognition of ethnic nationalities in myanmarburma. The constitution of the socialist republic of the union of. Consequently, the myanmar socialist party became the only legally recognized political, party dominating all the three separate branches of government. Myanmar endured more than five decades of military rule and domination since general ne wins military coup of 1962. After the turbulence of war, myanmar regained her independence in 1948 and the legal system has been little changed since then. As far as the use of the term burma or myanmar is concerned i have used the term burma instead of.
Myanmars first constitution came into force on jan. In line with the revolutionary councils determination to transform the bspp from a cadre to a mass party, a new party constitution was drafted in. In 1947 the first constitution created the position of attorney general and the wheels of legal history started to turn. This division of power and territory was first fully crystalised by general ne wins socialist regime in the 1974 constitution. In this chapter i explore the constitutional arrangement of centrallocal relations and its implications for the transitional regime in myanmar. Burmas constitution and elections of 1974 whole publication, isbn. Chronology of burmas constitutional process february 12, 1947.
The constitutional implications of myanmars peace process. Myanmar never even approached reaching its potential and, instead, had a. Since the constitution was approved in 2008, many people have complained about the new national flag, which bears no resemblance to previous flags. The form of government of greece is that of a parliamentary republic. The constitution of the socialist republic of the union of burma the 1974 constitution burmese. Military backed government constitution, 2008 englishburmese version 2. The national convention was held in 16 th september, 1993. The coat o airms is surroondit bi traditional burmese flouer designs an a star at its tap. In 1974, the constitution of the socialist republic of the union of myanmar was enacted. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. Some important sections of the myanmar constitution c i the president shall submit the nomination of the person suitable to be appointed as the chief justice of the union to the pyidaungsu hluttaw and seek its approval. The regions were called divisions prior to august 2010, and five of them are named after their capital city, the exceptions being ayeyarwady region and tanintharyi region. Burmas second constitution is implemented, transferring power from the.
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