Examining Myanmar's constitutional history reveals a chronic lack of constitutional rule of law and the absence of a culture of constitutionalism. The 1947 Panglong Conference, though it fostered initial trust among major ethnic groups, saw this trust shattered with General Aung San's assassination, leaving interethnic issues unresolved, while narrow-minded nationalism worked against civic equality. The now-defunct 2008 Constitution effectively granted the military veto power and enshrined a culture of impunity, which made it difficult for the rule of law to emerge. The unconstitutional coup in 2021 displayed a drastic disregard for the rule of law by the military.
How can Myanmar build a culture of constitutionalism where rules and principles of a constitutional order are followed to ensure that a new constitution not only reflects Myanmar’s post coup reality but also serves as an effective and workable instrument for the exercise of state power, in particular in a decentralized system that requires multi-tier governance on the basis of clear rules and procedures?
In this video, Marcus Brand, Head of the International IDEA’s Myanmar Programme, discusses these and other related questions with Professor Andrew Harding, a renowned scholar in Asian legal studies and comparative constitutional law. They explore some of the challenges of establishing constitutionalism in Myanmar, lessons from other countries, the importance of civic education on constitutional matters, and the role of constitutional review mechanisms. They also delve into the concept of cooperative federalism and its implications for the relationship between central and federal units in Myanmar.
Access the constitutional brief by Andrew Harding: The Fundamentals of Constitutional Courts (idea.int)
13 июн 2024
