{"product_id":"the-constitution-of-myanmar-a-contextual-analysis-9781509933143","title":"The Constitution of Myanmar: A Contextual Analysis","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThis 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.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003eThe Constitution of Myanmar\u003c\/i\u003e provides a meticulous positive analysis of constitutional praxis in contemporary Myanmar and is an essential new source on authoritarian constitutionalism. -- Maryam S Khan, Institute of Development and Economic Alternatives * Law \u0026amp; Society Review *\u003cbr\u003eDr Crouch’s book is a remarkable exploration of the emerging constitutional order of Myanmar – deeply knowledgeable about Myanmar’s constitutional history, conscious of the profound divisions within Myanmar and the consequent array of demands made upon that order, and acute in its interpretations of a constitution undergoing rapid change. This book will be of great interest to those wishing to understand law and government in Myanmar, but also those interested generally in transitions from military rule, the governance of ethnically diverse societies, and the transition from colonial to post-colonial political orders. -- Professor Jeremy Webber, University of Victoria\u003cbr\u003eThis is a welcome and timely new contribution to the excellent Hart series. It offers a well-informed analysis of the current constitutional arrangements in Myanmar, at a time when proposals for change are once again under discussion. The book will be an invaluable resource for those interested in Myanmar, Asian constitutional systems and multi-level government in times of transition. -- Professor Cheryl Saunders, University of Melbourne\u003cbr\u003eMyanmar’s Constitution was not expected to matter much when it was adopted in 2008, but Professor Crouch demonstrates that it has produced a vigorous set of debates about the country’s trajectory. This is the definitive English-language volume on Myanmar’s Constitution and essential for anyone following the country. -- Professor Tom Ginsburg, University of Chicago\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003e1. Introducing Myanmar’s 2008 Constitution  I. Constitutional Context  II. Constitutional Codification and the Constitutional Tribunal  III. The Constitution in a Military-state  IV. Organisation of the Book  2. The Origins and Content of the 2008 Constitution: An Overview  I. Parliamentary Democracy and the 1947 Constitution  II. Ne Win’s ‘Burmese’ Socialism and the 1974 Constitution  III. The Military and Constitution-making: 1990S–2000S  IV. The Preamble and the Basic Principles of the Constitution  V. Conclusion  3. The Military: The Pre-eminence of the Tatmadaw in Governance  I. The Three Main National Causes  II. The Commander-in-Chief  III. Forces Affiliated with the Tatmadaw  IV. The National Defence and Security Council  V. States of Emergency  VI. Tatmadaw Watchmen in the Legislature  VII. Courts Martial  VIII. Conclusion  4. The Electoral System and Limits on Political Participation  I. Political Parties and Candidates  II. The Right to Vote and Run for Office  III. The Proposal for Proportional Representation  IV. The Administration of Elections  V. The Resolution of Electoral Disputes  VI. Complaints Against Legislators: The Right to Recall  VII. Conclusion  5. The Legislature  I. The Union Legislature: A Tricameral System  II. The Loyalties, Privileges and Responsibilities of Legislators  III. The Scope of Legislative Power  IV. Conclusion  6. The Executive  I. The President as Head of the Union  II. The Centralising Mandate of the Union Government  III. Constitutional Commitments to a Market Economy  IV. Aung San Suu Kyi and the Office of the State Counsellor  V. The Administration of Union Territories  VI. Conclusion  7. Subnational Governance, Federalism and Ethnic Recognition  I. Territorial Representation: States and Regions  II. Sub-national Legislative Representation of National Races  III. Special Governance Arrangements for Six Areas  IV. Conclusion  8. The Judiciary as an Administrative Institution I. The Union Supreme Court  II. Sub-national Courts in a Unitary Judicial System  III. The Constitutional Tribunal  IV. Conclusion  9. Constitutional Duties and the Contingency of Rights  I. The Status of International Law and Conventions  II. The Pre-eminence of Duties  III. Constitutional Writs in the Supreme Court IV. The National Human Rights Commission  V. Conclusion  10. The Peace Process and Constitutional Change  I. The Peace Process: Normalising Debates on Federalism  II. The National Ceasefire Agreement: Peace in the Military-state  III. The 37 Principles as Constitutional Foundation 6 IV. The Process and Procedure of Constitutional Amendment  V. Proposals for Constitutional Reform  VI. Conclusion  11. Conclusion  I. The Centrality of the Constitution to the Military-state  II. Implications for Comparative Constitutional Inquiry","brand":"Bloomsbury Publishing PLC","offers":[{"title":"Default Title","offer_id":52084993655127,"sku":"9781509933143","price":27.47,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781509933143.jpg?v=1762207836","url":"https:\/\/bookcurl.com\/products\/the-constitution-of-myanmar-a-contextual-analysis-9781509933143","provider":"Book Curl","version":"1.0","type":"link"}