Constitutionalism And Legal Change In Myanmar PDF Download
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| Author | : Andrew Harding |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 307 |
| Release | : 2017-01-26 |
| Genre | : Law |
| ISBN | : 1509902104 |
Download Constitutionalism and Legal Change in Myanmar Book in PDF, ePub and Kindle
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 | : Andrew Harding |
| Publisher | : |
| Total Pages | : |
| Release | : 2017 |
| Genre | : Burma |
| ISBN | : 9781509902125 |
Download Constitutionalism and Legal Change in Myanmar Book in PDF, ePub and Kindle
| Author | : Andrew Harding |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 271 |
| Release | : 2017-01-26 |
| Genre | : Law |
| ISBN | : 1509902112 |
Download Constitutionalism and Legal Change in Myanmar Book in PDF, ePub and Kindle
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 | : Melissa Crouch |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 656 |
| Release | : 2014-10-23 |
| Genre | : Law |
| ISBN | : 1782254773 |
Download Law, Society and Transition in Myanmar Book in PDF, ePub and Kindle
This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.
| Author | : Melissa Crouch |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 240 |
| Release | : 2019-09-05 |
| Genre | : Law |
| ISBN | : 1509927379 |
Download The Constitution of Myanmar Book in PDF, ePub and Kindle
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 | : Helena Alviar García |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 400 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 1788117859 |
Download Authoritarian Constitutionalism Book in PDF, ePub and Kindle
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 | : Winnifred Fallers Sullivan |
| Publisher | : University of Chicago Press |
| Total Pages | : 361 |
| Release | : 2015-07-22 |
| Genre | : Law |
| ISBN | : 022624850X |
Download Politics of Religious Freedom Book in PDF, ePub and Kindle
Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.
| Author | : Ruth Rubio-Marin |
| Publisher | : Cambridge University Press |
| Total Pages | : 405 |
| Release | : 2022-10-06 |
| Genre | : Law |
| ISBN | : 1316827585 |
Download Global Gender Constitutionalism and Women's Citizenship Book in PDF, ePub and Kindle
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.
| Author | : Geoffrey Sigalet |
| Publisher | : Cambridge University Press |
| Total Pages | : 487 |
| Release | : 2019-05-02 |
| Genre | : Law |
| ISBN | : 1108417582 |
Download Constitutional Dialogue Book in PDF, ePub and Kindle
Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
| Author | : Bruce P. Frohnen |
| Publisher | : Harvard University Press |
| Total Pages | : 304 |
| Release | : 2016-06-13 |
| Genre | : Law |
| ISBN | : 0674968921 |
Download Constitutional Morality and the Rise of Quasi-Law Book in PDF, ePub and Kindle
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
