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Constitutionalism and Legal Change in Myanmar

Constitutionalism and Legal Change in Myanmar

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781849467902
  • 出版时间 January 2017
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509929771
¥1,116.25
发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    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.

    The opposition led by Daw Aung San Suu Kyi has repeatedly called for constitutional changes, and currently the Constitution is subject to a review process which is intended to be completed before the elections scheduled for 2015. Much has been made of the Constitution’s rigidity, which is seen as an obstacle to reform and inconsistent with a rapidly transforming state and society, embracing the rule of law, human rights and multi-party democracy. Nonetheless, the Constitution is also seen as having potential as a very positive force for reform.

    Many issues arise now for constitutionalism and constitutional change arise: 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. The present book is an attempt to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.

  • 1. Seeking Constitutional Settlement in Myanmar
    Janelle Saffin
    2. Rule of Law Concepts in Burma's Constitutions and Actual Practice: No Ground for Optimism
    Myint Zan
    3. A Second Panglong Agreement: Burmese Federalism for the Twenty-first Century
    David C Williams
    4. Irresistible Forces and Immovable Objects: Constitutional Change in Myanmar
    Andrew Harding
    5. The 2008 Constitution: The Evolution of Leadership
    Priscilla Clapp
    6. Contesting the Rules: Myanmar's 2015 Election and Electoral Integrity
    Bridget Welsh
    7. Achieving 'Genuine Federalism'? Myanmar's Inexorable Path Towards Constitutional Devolution and
    Decentralised Governance
    Marcus Brand
    8. The Everyday Emergency: Between the Constitution and the Code of Criminal Procedure in Myanmar
    Melissa Crouch
    9. How the Constitutional Tribunal's Jurisprudence Sparked a Crisis
    Dominic Jerry Nardi, Jr
    10. Judicial Power and the Constitutional Tribunal: Some Suggestions for Better Legislation Relating to
    the Tribunal and its Role
    Khin Khin Oo
    11. Human Rights under the New Regime
    Catherine Renshaw
    12. The Legal Profession and the Substantive Rule of Law in Myanmar
    Janelle Saffin and Nathan Willis

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