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Evaluation of the Attitudes Between the Constitutional Tribunal and the Parliament in Myanmar
https://doi.org/10.18999/calealb.5.69
https://doi.org/10.18999/calealb.5.69011fd570-90c8-4fa5-833f-0076b2959203
| 名前 / ファイル | ライセンス | アクション |
|---|---|---|
alb5_05_Makino.pdf (1.1 MB)
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| Item type | 紀要論文 / Departmental Bulletin Paper(1) | |||||
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| 公開日 | 2020-05-14 | |||||
| タイトル | ||||||
| タイトル | Evaluation of the Attitudes Between the Constitutional Tribunal and the Parliament in Myanmar | |||||
| 言語 | en | |||||
| 著者 |
MAKINO, Emi
× MAKINO, Emi |
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| アクセス権 | ||||||
| アクセス権 | open access | |||||
| アクセス権URI | http://purl.org/coar/access_right/c_abf2 | |||||
| 抄録 | ||||||
| 内容記述タイプ | Abstract | |||||
| 内容記述 | This paper examines the role of the Constitutional Tribunal of the Union, Republic of the Union of Myanmar (hereafter, the Tribunal), primarily focusing on parliamentary interactions and independence in political deliberations. The Tribunal was established in 2011, and it was the first independent organization for constitutional review in Myanmar. After half a century of the military authoritarian regime and in the circumstances of complicated transition, the newly established Tribunal has been expected to adjust the power among three branches of power; executive, legislative and judicial. A closer look at the Tribunal’s recent activities and progress in adjudicating political issues and acting as an independent referee between relevant political actors reveals this body’s inability to perform adequately the role it has been assigned. In 2012, the parliament widely opposed the Tribunal’s decision and initiated the impeachment of all nine members. In 2013, the parliament also amended the Constitutional Tribunal Law which limited the effectiveness to apply the decisions of Tribunal only to all cases transferred from ordinary courts. The amendments increasingly weakened the scope of the Tribunal and eventually, questioned whether it might play any positive role in the democratization of Myanmar as stipulated by the 2008 Constitution. After the impeachment of all members, the Tribunal has been facing the lack of judicial independence and cannot function as a referee among the political actors. The Tribunal could deal with only a limited number of cases since its establishment in 2011, and is apparent that it is highly reluctant to reject initiatives of the current regime. Indeed, there are some incidents when the Tribunal issued unconstitutional judgments, which could prove positive in terms of the regional legislation powers and protection of minority rights. However, the trends of distrust against the Tribunal is widely recognized after the NLD (National League for Democracy) regime came into power. In such circumstances, when the Tribunal acts as a support agent for one political actor against others, the role of the Tribunal in future democratization becomes highly controversial. | |||||
| 言語 | en | |||||
| 出版者 | ||||||
| 出版者 | 名古屋大学法政国際教育協力研究センター（CALE） | |||||
| 言語 | ja | |||||
| 言語 | ||||||
| 言語 | eng | |||||
| 資源タイプ | ||||||
| 資源タイプ識別子 | http://purl.org/coar/resource_type/c_6501 | |||||
| 資源タイプ | departmental bulletin paper | |||||
| 出版タイプ | ||||||
| 出版タイプ | VoR | |||||
| 出版タイプResource | http://purl.org/coar/version/c_970fb48d4fbd8a85 | |||||
| ID登録 | ||||||
| ID登録 | 10.18999/calealb.5.69 | |||||
| ID登録タイプ | JaLC | |||||
| ISSN（Online） | ||||||
| 収録物識別子タイプ | PISSN | |||||
| 収録物識別子 | 2188-1952 | |||||
| 書誌情報 |
en : Nagoya University Asian Law Bulletin 巻 5, p. 69-83, 発行日 2020-03-31 |
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| 著者版フラグ | ||||||
| 値 | publisher | |||||
