The Union of MyanmarUnion of Myanmar
Myanmar Republic Office of the President Announcement 3/2018
As part of its Rakhine Intergovernmental Commission on Conciliation, Peacemaking, Stabilityandbuilding, the Government of the Republic of Myanmar has appointed an independent commission of inquiry. The interim recommendations of the Advisory Council to the Committee for the Rakhine State Committee were also taken into account in this ruling.
In the aftermath of the acts of terrorism by Argos, the Independent Commission will examine the violations of fundamental freedoms and related questions. There will be three members of the Commission, one of whom will be an internationally recognised figure. The firm is supported by domestic and foreign law and technology specialists.
Overview of the legal system of the Republic of Myanmar
Erghadul Karim is a non-practicing attorney at the Supreme Court of Bangladesh and editor of the Chancery Law chronicles, the first online database of Bangladesh Lawsand currently a doctoral student in nanotechnology law and politics at the University of Malaya, Malaysia. Myanmar (hereinafter "Myanmar") is a sovereign state in Southeast Asia bordering Bangladesh, India, China, Laos and Thailand.
There are seven regions and states and areas of the Union, namely Kachin State, Kayah State, Kayin State, Chin State, Sagaing Region, Taninthayi Region, Bago Region, Magway Region, Mandalay Region, Mon State, Rakhine State, Yangon Region, Shan State, Ayeyawady Region and Nay Pyi Taw as areas of the Union.
Also Nay Pyi Taw is the present Myanmar's capital[Sections 45 & 50, the Constitution of the Republic of Myanmar 2008. Below "the 2008 Constitution"] and Yangon, the former, will remain the trading capitol. Myanmar is a country that, according to the Central Intelligence Agency, is full of abundant reserves of nature such as anti-money, carbon, copper, hydro, plumb, limestone, marmoreal, mineral oil, gems, wood, pewter, wolfram, zinc and more.
Myanmar is both multi-ethnic and multi-religious and Myanmar is the country's main foreign tongue. The three strands of sovereignty are divided between the Union, the regions, the States and the self-governing territories[Section 11, Constitution of 2008]. Prior to the UK invasion, Myanmar was governed by monarchy ["Thet Oo San Pine" system in Burmese], giving royalty the highest authority in law, order and justice.
Exclusive legislature was given to the sovereign and he was supported by the Hluttaw (Parliament). He was also the highest instance of justice and was supported by the Supreme Queen, the Crown Prince, the Princes and the Parliamentary Ministries, the Magistrates nominated by the Queen, the Governors, the City Heads and the Presidents of the villages.
Myanmar's legal system dates back to the Bagan period (849-1287 AD). "The" Dhammthat" is deduced from the" Hindu Dharmashatra" (legal contracts), which arose later as Myanmar customary lax. 1 ] Phyat-htone refers to the court rulings of King Hluttaw and various benches and courts in the state.
Myanmar has continued to base itself on the principles of communal jurisdiction since it became independent on January 4, 1984. 3 ] The Supreme Tribunal, the Supreme Tribunal and other lower tribunals were set up at various stages under the Union Judiciary Act of 1948. It was the highest and last appellate tribunal in the Union and its rulings were mandatory for all other tribunals.
The Revolutionary Council overthrew the former justice system in 1962 and created the Supreme Court to be consistent with nationalism. A new constitution was adopted in 1974 establishing the Central Court, the State and District Courts, the Township courts, the Wards and Village Tracts Court.
The State Law and Order Restoration Council passed the Justice Act in 1988 to reform the aforementioned SJC. Both the Supreme Court and the Supreme Court were re-established in the same year. This was rescinded in 2000 by the Justice Act of the State Peace and Development Council in the transformation of the judiciary.
4 ] Finally, in 2010, the Union's Justice Act was adopted to take over the present justice system in accordance with the 2008 Constitution. Myanmar's government consists essentially of the President, the Vice-Presidents, the Ministers of the Union and the Prosecutor General of the Union[Section 20, Constitution 2008]. In accordance with the Constitution, the Union's powers are divided between the Union, the regions, the States and the self-governing territories.
Director is the President, who has priority over all other people throughout the Union (§§ 58, 199, Constitution 2008). With the agreement of Pyidaungsu Hluttaw (sections 202, 232, 233, 234, 235, Constitution 2008), the President may nominate or recall the ministries of the Union government and determine the number of Union ministers.
It may also, with the agreement of Pyidaungsu Hluttaw, appoint the Union Prosecutor General and the Deputy Prosecutor General to support the Prosecutor General (§§ 237, 239, Constitution 2008). Each region and the regional government are constituted with the prime minister of the region or the state, the ministers of the region or the state, the advocate general of the region or the state[§ 248 (a) and (b), constitution 2008].
In general, these regional or national authorities have the task of supporting the government of the Union in maintaining stability, tranquillity, peace and the rule of law and order in the Union[Section 250, Constitution of 2008]. Hluttaw's Chief Minister of the Hluttaw area or state in charge of the permit for that area or state[Section 261(c), 2008 Constitution].
A self-governing division or zone management organ is referred to as a governing body[Section 275, the 2008 Constitution], which has at least 10 members[Section 276 (c), the 2008 Constitution]. To be appointed by the President, the President shall designate the individual appointed as Chairman of the self-governing division or the relevant self-governing zone[§ 276(f), Constitution 2008].
With regard to the management of Nay Pyi Taw, the territory of the Union, the President must establish a Nay Pyi Taw Council and nominate individuals with the skills required by the 2008 Constitution, as well as members of the Nay Pyi Taw Council (§§ 284 and 285, 2008 Constitution).
Legislature lies with the "Pyidaungsu Hluttaw" (National Parliament), which is composed of the two Hluttaws, namely the "Pyithu Hluttaw" (National Assembly or House of Representatives) and the "Amyotha Hluttaw" (National Assembly or Senate)[Section 74, Constitution 2008]. Pyithu Hluttaw is made up of a total of 440 members and consists of no more than 330 members chosen on the base of the community and the people and no more than 110 members appointed by the Commander-in-Chief of Defence Services[Section 109, Constitution 2008].
Hluttaw Amyotha is composed of 168 equally represented regional and state officials and 56 defence service officials appointed by the Commander-in-Chief of Defence Services[Section 141, Constitution 2008]. Pyidaungsu Hluttaw has the authority to legislate for the whole or part of the Union on issues included in the list of Union legislative acts (Section 96 of the 2008 Constitution).
The Pyidaungsu Hluttaw[Section 98, Constitution of 2008] has the right to legislate on other issues not included in the Union, regional or national legislation and in the self-governing section "Governing Body" or "Governing Board of the self-governing zone". The EU may also legislate on the territory of the Union if necessary[Section 99, the 2008 Constitution].
Every trade unions law enforcement agency is empowered to bring to Pyidaungsu Hluttaw draft laws concerning issues on the Union's legislative list. Draft laws on domestic planning, yearly budget and taxes must be submitted to Pyidaungsu Hluttaw (Section 100, Constitution 2008).
Pyidaungsu Hluttaw, with the exception of those under the Pyidaungsu Hluttaw's sole legal authority, is still authorized to either initiating and debating the Pyithu Hluttaw or the Amyotha Hluttaw[Section 101, Constitution 2008]. When a bill introduced in the Pyithu Hluttaw or the Amyotha Hluttaw is accepted by both Hluttaws, it is considered to have been accepted by the Pyidaungsu Hluttaw.
When there is a difference of opinion between the Pyithu Hluttaw and the Amyotha Hluttaw regarding a law, the law is debated and solved in the Pyidaungsu Hluttaw[Section 95, the 2008 Constitution]. Any bill endorsed or considered to be endorsed by Pyidaungsu Hluttaw shall be submitted to the President for signing.
The customer must return the invoice to Pyidaungsu Hluttaw within 14 working hours with his own personal signatures or a comment. Failing this within the specified time limit, the bill may be announced the next full working full working week and the bill becomes a law[§ 105, Constitution 2008].
If the President returns the bill together with his remarks within the time limit set, Pyidaungsu Hluttaw may agree to his remarks and decide to modify or authorize the bill as it stands without acceptance of his remarks. Failure by the President to sign the bill within seven workingdays will result in it becoming a bill as if it had been adopted on the last date of the deadline[§ 106, Constitution 2008].
Eventually, the bill itself becomes a bill on the date of its promulgation, but without affecting the right of parliament to defer the application of a bill or to pass retroactive laws[Art. 107, Constitution 2008]. Pyidaungsu Hluttaw is also empowered to take decisions on the ratification, annulment and revocation of existing or future invalidity and conflict of interest of the President; it can give the President the right to enter into, repeal and revocation of those contracts without his consent[Art. 107, Constitution of 2008].
Following the adoption of a statute, ordinance or statute by Pyidaungsu Hluttaw, the competent authority may circulate such statutes and present them to its Pyithu Hluttaw or Amyotha Hluttaw representative so that they may be repealed or amended within 90 workingdays of their submission and dissemination.
In the event of a difference of opinion between Pyithu Hluttaw and Amyotha Hluttaw regarding the repeal or amendment of laws, it shall be presented to Pyidaungsu Hluttaw (§§ 137 and 157 of the 2008 Constitution). Draft laws presented by an organisation at Union policy is considered to have been introduced in the Pyithu Hluttaw and to have been debated and adopted in the Pyithu Hluttaw if they are sent in accordance with the required Pyidaungsu Hluttaw procedures[Section 138 (a), Constitution 2008].
When a bill presented by an organisation at Union and sent to Amyotha Hluttaw in accordance with the required Pyidaungsu Hluttaw procedure, it is assumed that this bill is proposed in Amyotha Hluttaw and thus debated and adopted in Amyotha Hluttaw (Section 158 (a), Constitution 2008).
Draft laws concerning other issues, with the exception of those listed in the list of Union legislative acts, where the draft law is presented and adopted solely by Pyidaungsu Hluttaw, may be introduced either in Pyithu Hluttaw or Amyotha Hluttaw in accordance with the required procedure (sections 136 and 156 of the 2008 Constitution).
If a law adopted by one institution is to be sent to another institution for further discussion and resolution[§§ 138 (c) and 158 (c), the 2008 Constitution]. If the home from which the invoice comes accept changes from the other home and then sends them to Pyidaungsu Hluttaw.
In the event of disagreements between two institutions regarding a draft law, the decision of Pyidaungsu Hluttaw (§§ 139 and 159 of the 2008 Constitution) shall be adopted. The Hluttaw region (Regional Assembly) or State Hluttaw (State Assembly)[ 49 and 161, Constitution 2008] are each of the fourteen large administration and states.
Hluttaw Region or State shall have the authority to legislate for the whole or part of the Region or State on issues specified in List 2 of the Region or State of Hluttaw Legislative List[Section 188, Constitution of 2008]. The Hluttaw region or state must, however, comply with the Constitution and the applicable Union law[§ 89 (b), Constitution 2008].
The self-governing division or the self-governing zone heads shall have legislative authority over the issues included in List Three for the relevant departments or zones[Section 196, the 2008 Constitution]. The Union's judiciaries are set up under the 2008 Constitution and comprise the Supreme Court of the Union, the Supreme Regional Jurisdictions, the Supreme Tribunals of the State, the Tribunals of the Self-governing Division, the Tribunals of the Self-governing Zone, the District Tribunals, the Local Authorities and the other Tribunals set up by statute; the War Tribunals and the Constitutional Court of the Union (Section 293 of the 2008 Constitution).
The Union Judiciary Law[the Union Judiciary Law 2010] was adopted on 28 October 2010 to give effect to the legal work of the above mentioned tribunals in the current justice system[Preamble, The Union Judiciary Law 2010]. You can find an information session on the justice system and trials in Myanmar here.
It is the supreme court of the Union, without prejudice to the competence of the Constitutional Court and the courts of war[Section 294, Constitution 2008]. It is located in Nay Pyi Taw and is presided over by the Supreme Court of the Union. At least seven and at most eleven Supreme Court and Supreme Court Judges and the Supreme Judge may be appointed[§§ 299 (a) and (b), Constitution 2008].
A Supreme Judge and Judges of the Supreme Court may be appointed by the President after obtaining the consent of Pyidaungsu Hluttaw, who is not entitled to reject the nominee proposed by the President for nomination, unless it can be clearly demonstrated that the candidates do not fulfil the conditions for office[§§ 299 (c) and (d), Constitution 2008].
First and foremost, the Supreme Court has competence for issues resulting from agreements made by the Union; for litigation, with the exception of fundamental issues, between the government of the Union and the region or the government of States or between the regions, between States, between the region and the State and between the territory of the Union and the region or the State; for acts of terrorism and other crimes perpetrated on the surface or in cosmopolitan waters or air; and for other issues required by law[§ 295(a), the Constitution
The Supreme Tribunals of the Regions or States and other tribunals shall have competence in accordance with the law[Art. 295(d), Constitution 2008; Art. 12, Judiciary Act of the Union 2010]. The judiciary also has the authority to review all judgements and orders of a lower court[ 295(e), Constitution 2008; 13, Union Judiciary Act 2010] and to confirm the capital punishment and to challenge the capital punishment[14, Union Judiciary Act 2010].
Furthermore, it is competent to assign a case from a court to itself or another court[§ 15, Union Judiciary Law 2010]. This right to make written submissions is, however, interrupted in areas where a state of exception is declared[Section 296, Constitution of 2008; Section 16, Judicial Act of the Union 2010].
rulings of the Supreme Tribunal are both definitive and definitive and thus the last appellate tribunal in the whole Union[§§ 295 (b) and (c) of the 2008 Constitution; §§ 18 and 22, Union Judiciary Law 2010]. For each region and the State of the Union a Supreme Tribunal will be established[§ 305, Constitution 2008].
Every High Court is chaired by the Supreme Judge of the Supreme Court of the region or by the Supreme Judge of the Supreme Court of the State. At least three and at most seven magistrates may be nominated, up to and including the High Court Supreme Judge[Section 308(a), Constitution 2008].
After obtaining the consent of the region or State of Hluttaw, which has no right to reject the nominee appointed by the President for the nomination, the President may nominate the Supreme Judge and Judges of the Supreme Court in consultation with the Supreme Judge of the Union and the Supreme Minister of the region or State concerned, unless it can be clearly demonstrated that the individuals do not fulfil the conditions for the post[§ 308 (b), Constitution 2008].
Each Supreme Court of the region or state has the competence to decide on the initial case, the case of appeals, the case of appeals and other issues required by law[Section 308, the 2008 Constitution; Section 38, the 2010 Union Judiciary Act]. The judiciary is responsible for the decisions, enactments and orders of all other lower courts[ 39, Union Judiciary Laws 2010].
They also have the authority to oversee the district courts and local courts in the region or state and the court of the self-governing department and the court of the self-governing zone if there are self-governing areas in the region or state[Section 314, 2008 Constitution]. Furthermore, it is competent to assign a case from one court to itself or to another court within the region or state concerned[§ 40, Union Judiciary Law 2010].
Find out more about the Supreme Court of the region and the Supreme Court of the State. Regional and local government tribunals and self-governing district and local government tribunals have competence in penal and civilian cases, appeals, appeals and other cases required by law[ 315 of the 2008 Constitution; 53, 54 of the Union Judiciary Act 2010].
Each Supreme Court of the region or state oversees the nomination of judges at that court level[Section 318(a), Constitution 2008]. The township courts have competence in penal, civilian and other legal matters[Art. 316, Constitution 2008; Art. 56, Union Judiciary Act 2010].
Each Supreme Court of the region or state oversees the nomination of judges at that court level[Section 318(a), Constitution 2008]. Most of these layers of court are court of the origin. More about Township Court here. War tribunals are set up under the 2008 Constitution to convict defence service personnel[Section 319, 2008 Constitution].
of the Constitutional Court of the Union consists of nine members, i.e. three members elected by the President, three members elected by the President of Pyithu Hluttaw and three members elected by the President of Amyotha Hluttaw, and one member appointed as Chairman (§§ 320, 321, Constitution 2008).
Its main tasks are the interpretation of the Constitution's rules, the decision on constitution dispute within the Union and the verification of the compliance of the announced legislation with the Constitution[Art. 322, Constitution 2008]. After Pyidaungsu Hluttaw's consent, the President may nominate the Chairman and his members, who has no right to reject the candidates proposed by the President for nomination, unless it can be clearly demonstrated that they are unqualified for the post[§§ 327, 328, Constitution 2008].
President, Pyidaungsu Hluttaw spokesman, Pyithu Hluttaw spokesman, Amyotha Hluttaw spokesman, the Union Chief Justice and the Chairman of the Union Electoral Commission have the right to bring any issue of the Constitution before the Court and to search for interpretations, resolutions and opinions[Section 325, Constitution 2008].
In addition, the Prime Minister of the region or state, the Spokesman of the region or state of Hluttaw, the Chairman of the Governing Body of the self-governing division or the Governing Body of the self-governing zone and Representative comprising at least ten per cent of all Pyithu Hluttaw or Amyotha Hluttaw members may also have the right to present any matter of a constitution to the Court in accordance with the required procedure and to obtain the interpret, the decision and the opinion[Section 326, Constitution 2008].
Any court which, in accordance with the procedure laid down for its observations, presents each case of a question of a constitution to the Court shall suspend the procedure until such time as it obtains such a decision. Moreover, its decision is definitive and final[Section 323, the 2008 Constitution]. Other competent tribunals exist, namely juvenile tribunals convicting crimes perpetrated by children, city tribunals convicting local authority crimes and motor vehicle tribunals convicting crimes on the roads.
Learn more about the judicial system and trial in Myanmar here. Myanmar's legal resources include constitutional, legal, constitutional, civil and ordinary laws. UK commons laws created and adopted during the UK occupations in Myanmar are used when there are no laws in place to settle a particular issue before the courts.
All legislation, norms, regulations or ordinances adopted by Pyidaungsu Hluttaw and ratified or considered to have been ratified by the President are posted in the Myanma Naingngan Pyantan (Myanmar Gazette). It is edited by the News and Periodicals Enterprise (NPE) under the Ministry of Information of Myanmar. The Union's Prosecutor General's Office also issues annual reports on Burma's and England's laws, norms, ordinances and statutes, entitled "Myanmar Laws".
Some of the cases of the supreme tribunals are chosen by the Joint Selecting Committee, composed of the Supreme Court of the Union and Deputy Prosecutors-General and the Director-General of the Public Prosecutor's Office of the Union, with a view to publishing them in the Union's Supreme Court's publication of the Joint Selecting Committee.
The cases ruled by the Constitutional Court of the Union shall be made public on its formal website. You can find the World Law Guide page about Myanmar with some legislation here. A lawyer is authorised to appear before any court in the Union, while a higher class plea is admitted only before lower levels.
Myanmar University offers Bachelor of Laws (LL. B) (five-year program), Master of Laws (LL. M) (two-year program), Master of Research (M. Res) (one-year program) and Doctor of Philosophy (Ph. D) (five-year program). Here you can find an article about administrative and penal measures to prevent corruption in Myanmar.
Here you can find an article about the integration of the Myanmar legal system into ASEAN. Here you can find an article about copyright in Myanmar. Here here den Bericht des International Bar Association's Human Rights Institute on the Rule of Law in Myanmar Challenges and Prospects.