Myanmar state minister challenges law

[I had meant to post this on July 17, but it apparently was never uploaded. I apologize if this has already become old news]

Myanmar’s Constitutional Tribunal received its third case in 2012, and looks to mark another first for the court. The Mon State Hluttaw Speaker has challenged a law as unconstitutional. This is the first time a state or region official has asked the tribunal to strike down a law. The New Light of Myanmar article doesn’t mention which law is being challenged. All I know so far is that the law is a Mon State law – as expected given that all of the tribunal judges are appointed by the Union government and would be unlikely to rule against the national government. Nonetheless, this will be the court’s first “federalism” decision so it will be interesting to see how it handles the petition.

The full article is reprinted below:

Constitutional Tribunal of the State hears enquiry

The Mon State Hluttaw Speaker has asked through the Pyidaungsu Hluttaw Speaker to the Constitutional Tribunal of the Union to interpret the following: whether the legislation of the State Hluttaw in accordance with Schedule (2) of Section 188 of the Constitution under Section 326 (b) of the Constitutional Tribunal of the Union Law is against the Section 446 of the Constitution or not, or whether the legislation shall be done without violation of the Section 446 of the Constitution; in case some existing laws and some provisions in the existing laws are different from and/or ambiguously confused with provisions in Schedule (2) of the Section 188 of the Constitution, whether these laws and provisions shall be still in effect as they are not revoked or amended yet; if some existing laws and some provisions in the existing laws are different from and/or ambiguously confused with provisions in Schedule (2) of the Section 188 of the Constitution, proceedings can be made only after revoking or amending in accordance with Section 446 of the Constitution. The tribunal comprising Chairman of the Constitutional Tribunal of the Union and all its members heard the document No. 3/2012 at Room No. 1 at 10 am this morning.—MNA

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