Constitutionalism And Legal Change In Myanmar

Author : Andrew Harding,Khin Khin Oo
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 54,9 Mb
Release : 2017-01-26
Category : Law
ISBN : 9781509902101

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Constitutionalism and Legal Change in Myanmar by Andrew Harding,Khin Khin Oo Pdf

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,Khin Khin Oo
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 2017
Category : Burma
ISBN : 1509902120

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Constitutionalism and Legal Change in Myanmar by Andrew Harding,Khin Khin Oo Pdf

Author : Melissa Crouch,Tim Lindsey
Publisher : Bloomsbury Publishing
Page : 656 pages
File Size : 40,7 Mb
Release : 2014-10-23
Category : Law
ISBN : 9781782254775

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Law, Society and Transition in Myanmar by Melissa Crouch,Tim Lindsey Pdf

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
Page : 240 pages
File Size : 49,7 Mb
Release : 2019-09-05
Category : Law
ISBN : 9781509927371

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The Constitution of Myanmar by Melissa Crouch Pdf

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,Günter Frankenberg
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 55,7 Mb
Release : 2019
Category : Law
ISBN : 9781788117852

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Authoritarian Constitutionalism by Helena Alviar García,Günter Frankenberg Pdf

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 : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 47,6 Mb
Release : 2021
Category : Constitutional law
ISBN : 9781487507930

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Democracy and Constitutions by Allan C. Hutchinson Pdf

Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

Author : Ruth Rubio-Marin
Publisher : Cambridge University Press
Page : 405 pages
File Size : 45,8 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781316827581

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Global Gender Constitutionalism and Women's Citizenship by Ruth Rubio-Marin Pdf

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 : Winnifred Fallers Sullivan,Elizabeth Shakman Hurd,Saba Mahmood,Peter G. Danchin
Publisher : University of Chicago Press
Page : 361 pages
File Size : 47,7 Mb
Release : 2015-07-22
Category : Law
ISBN : 9780226248509

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Politics of Religious Freedom by Winnifred Fallers Sullivan,Elizabeth Shakman Hurd,Saba Mahmood,Peter G. Danchin Pdf

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 : Winluck Wahiu,Markus Böckenförde,Nora Hedling
Publisher : Unknown
Page : 128 pages
File Size : 42,7 Mb
Release : 2011
Category : Constitutional law
ISBN : OCLC:779852624

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A Practical Guide to Constitution Building by Winluck Wahiu,Markus Böckenförde,Nora Hedling Pdf

"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--

Author : Bruce P. Frohnen
Publisher : Harvard University Press
Page : 303 pages
File Size : 53,9 Mb
Release : 2016-06-13
Category : Law
ISBN : 9780674968929

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Constitutional Morality and the Rise of Quasi-Law by Bruce P. Frohnen Pdf

Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the 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.

Author : Geoffrey Sigalet,Grégoire Webber,Rosalind Dixon
Publisher : Cambridge University Press
Page : 487 pages
File Size : 45,7 Mb
Release : 2019-05-02
Category : Law
ISBN : 9781108417587

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Constitutional Dialogue by Geoffrey Sigalet,Grégoire Webber,Rosalind Dixon Pdf

Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.

Author : Martin Loughlin
Publisher : Harvard University Press
Page : 273 pages
File Size : 47,6 Mb
Release : 2022-05-17
Category : LAW
ISBN : 9780674268029

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Against Constitutionalism by Martin Loughlin Pdf

A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Author : Mark Tushnet,Madhav Khosla
Publisher : Cambridge University Press
Page : 415 pages
File Size : 53,5 Mb
Release : 2015-09-17
Category : Law
ISBN : 9781107068957

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Unstable Constitutionalism by Mark Tushnet,Madhav Khosla Pdf

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Author : Benjamin Schonthal
Publisher : Cambridge University Press
Page : 319 pages
File Size : 49,7 Mb
Release : 2016-11-17
Category : Law
ISBN : 9781107152236

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Buddhism, Politics and the Limits of Law by Benjamin Schonthal Pdf

Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.

Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
Page : 272 pages
File Size : 54,6 Mb
Release : 2021-07-08
Category : Law
ISBN : 9780192646149

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A Theory of African Constitutionalism by Berihun Adugna Gebeye Pdf

A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.