Citation

Zan, Myint (2012) The "New" Supreme Court and Constitutional Tribunal: Marginal Improvement for Judicial Independence or More of the Same? In: Myanmar's Transition Openings, Obstacles and Opportunities. Institute of South East Asian Studies ISEAS–Yusof Ishak Institute, Singapore, pp. 249-268. ISBN 978-981-4414-16-6

Full text not available from this repository.

Abstract

On 30 March 2011 a “new” Burmese government was sworn in. A seven-member Supreme Court and nine-member Constitutional Tribunal are among the new organs of state formed under the 2008 Constitution that “came into operation” with the new government. This chapter addresses the issue of whether, under the new government, there has been some improvement in relation to the Burmese judiciary, or whether the situation is much the same as before (that is, during the period from September 1988 until March 2011). The term “new” is used for both the Supreme Court and for the Constitutional Tribunal. In Burma there have been various “Supreme Courts”, or apex courts, since independence. To put these “new” developments into perspective, therefore, it is necessary to give a brief history of the apex courts over the period since independence, if only to explain the use of the term “new”. As for the Constitutional Tribunal, it is indeed a new organ of state, since a similar political or legal institution has not previously existed in contemporary Burmese legal history.The first part of this chapter deals with the “new” Supreme Court, the second part with the new Constitutional Tribunal.

Item Type:	Book Section
Additional Information:	14 - The “New” Supreme Court and Constitutional Tribunal: Marginal Improvement for Judicial Independence or More of the Same? from Part VI - The Rule of Law
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law (FOL)
Depositing User:	Ms Rosnani Abd Wahab
Date Deposited:	16 Jan 2017 03:11
Last Modified:	16 Jan 2017 03:11
URII:	http://shdl.mmu.edu.my/id/eprint/6136

Downloads

Edit (login required)