November 29, 2011 · 17:30

Constitutional Tribunal hears a case!

Myanmar’s Constitutional Tribunal finally accepted a case yesterday. It appears this is only the second case it has heard, although I know almost nothing about the first case, which was accepted back on July 2. The second case deals with the minister for national races affairs. The case was brought by the Amyotha Hluttaw speaker. Unfortunately, beyond that The New Light of Myanmar gives few details. Hopefully NLM will also announce the outcomes of these cases.

Constitutional Tribunal hears case

NAY PYI TAW, 28 Nov-The tribunal comprising chairman of Constitutional Tribunal and members heard the case No. 2/2011 opened by 23 persons including Amyotha Hluttaw Representative Dr Aye Maung to scrutinize and decide whether or not the provisions for set rank of national races affairs minister prescribed in Cash Award, Expenses and Insignia of Region or State Level Persons Law are in conformity with the provisions of the constitutional laws, at room No. 1 this morning. The case was brought before the tribunal through the Amyotha Hluttaw Speaker in accord with Section 15 (d) of constitutional tribunal law.-MNA

State Constitutional Tribunal hears submission No. 1/2011

NAY PYI TAW, 1 July-The State Constitutional Tribunal comprising the Chairman of the State Constitutional Tribunal and members heard the submission No. 1/2011 in accord with the Article 13 of the State Constitutional Tribunal at Office No. 1 at 10.30 am today.

Comments Off on Constitutional Tribunal hears a case!

Filed under Burma, constitutional tribunal, Myanmar

November 20, 2011 · 05:36

More tribunalations

The New Light of Myanmar has yet another article about the debate in the Hluttaw over the Constitutional Tribunal. Two things stand out. First, the Hluttaw Speaker, Khin Aung Myint, seems to be arguing that the tribunal is less a court and more like a legislature, meaning that tribunal review over draft laws would be appropriate. Second, he seems to be retreating a bit and suggesting that only questionable laws be submitted. The full article is below:

Fourth day Pyidaungsu Hluttaw Session held Bill amending Political Parties Registration Law approved by both Hluttaws put on record by Pyidaungsu Hluttaw

NAY PYI TAW, 18 Nov-The fourth day session of Pyidaungsu Hluttaw continued at Pyidaungsu Hluttaw Hall in Hluttaw Building here today, attended by Pyidaungsu Hluttaw Speaker U Khin Aung Myint, Pyithu Hluttaw Speaker Thura U Shwe Mann and 584 Pyidaungsu Hluttaw representatives.

At the session, one bill was approved; Hluttaw representatives were informed to register for discussion; jointcommittee members were co-opted; and one bill was recorded.

First, the Pyidaungsu Hluttaw Speaker explained measures of Pyithu Hluttaw and Amyotha Hluttaw with regard to decision of Pyidaungsu Hluttaw that bills approved by the Pyidaungsu Hluttaw or deemed to be approved by the Pyidaungsu Hluttaw, if suspected to be not in line with the constitution , are to be sent to the Constitutional Tribunal of the Union to undergo a scrutiny before sending to the President for his approval.

The Pyidaungsu Hluttaw Speaker continued that the Pyithu Hluttaw proposed to the Pyidaungsu Hluttaw on 2 November to let Pyithu Hluttaw reject the decision made at the Pyidaungsu Hluttaw on 28 October that “bills approved by the Pyidaungsu Hluttaw or deemed to be approved by the Pyidaungsu Hluttaw, if suspected to be not in line with the constitution, are to be sent to the Constitutional Tribunal of the Union to undergo a scrutiny before sending to the President for his approval” is neither in accordance with the constitution nor Pyidaungsu Hluttaw Rules and By-laws and asked to cancel the decision.

It is enacted in laws that bills approved by the Pyidaungsu Hluttaw are to be sent to the President for his approval and promulgation of the laws.

That bills suspected of violation of the constitution are to be sent to the Constitutional Tribunal of the Union before sending to the President is not a case which is not allowed by law. As only the constitutional tribunal can define and make comment to the bill, it does so with genuine goodwill to ensure there is no mistake. If the constitutional tribunal remarks that a particular fact is not in conformity with the constitution, Pyidaungsu Hluttaw can reconsider the fact and make the final decision.

The Pyidaungsu Hluttaw Speaker in his explanation of the legal outlook on the constitutional tribunal can scrutinize the enacted laws only said that responsibilities of the Constitutional Tribunal of the Union is stated in Article 322 (a) of the constitution as interpreting the provisions under the Constitution; Articles 325 and 326 of the constitution state describe persons who have the right to summit matters directly to obtain the interpretation, resolution and opinion of the Constitutional Tribunal and they can ask the remark from the Constitutional Tribunal with regard to the proposed bill; like the president who can ask the remark of the Constitutional Tribunal concerning particular bill before he signs, the Hluttaw speaker can also do so for suspicious facts. So, the responsibility of the tribunal is not only scrutinizing the existing laws but defining the bill and making remarks upon requests.

According to Article 326 of the constitution, representatives that represent at least 10 per cent of all Pyithu Hluttaw representatives or Amyotha Hluttaw representatives can ask the Constitutional Tribunal to define a particular bill. As the main responsibility of the representatives is to legislate, they can ask the opinion of the constitutional tribunal in analyzing the bills whether or not they are in line with the constitution.

The provision concerning the Constitutional Tribunal is included under the Chapter VI Legislation of the constitution, but the constitutional tribunal is not the court.

In addition, it is only to seek the remarks of the constitutional tribunal in case the bills are suspected of violating the constitution and not to send every bill to the constitutional tribunal, thus it cannot be translated that the decision of the constitutional tribunal is a must-to-do step in legislative process, but it is just to control the reckless actions.

Comments Off on More tribunalations

Filed under Burma, constitutional tribunal, Myanmar

November 20, 2011 · 05:22

Law Committee

An interesting article in The New Light of Myanmar about the new Hluttaw Law Committee that was created to review existing and new laws:

Pyithu Hluttaw session continues for 48th day
One proposal discussed, information to enlist given, formation of commission submitted, approval for one bill sought

NAY PYI TAW, 16 Nov-

…

The Pyithu Hluttaw Speaker reported the Hluttaw that Assessment Commission of Existing Laws formed on 28 August will be renamed to Studying, Examining and Reviewing Commissions on Legal Affairs and Special Cases. The commission will be formed with 15 members, including Chairman Deputy Speaker of Pyithu Hluttaw, Vice-Chairman U Thein Swe of An Constituency and U Htay Myint of Myeik Constituency, members Ambassador (Retd) U Lin Myaing, Director-General (Retd) U Than Tun from Ministry of Foreign Affairs, Professor (Retd) Dr Aung Tun Thet, Lt-Col Aung Khin Thein of Judge Advocate-General Office of the Commander-in-Chief (Army) Office, Professor Dr Tin May Tun, Prfessor Dr Thida Oo, Director (Retd) U Tin Win of Supreme Court, Region Law Officer (Retd) U Khin Maung Oo, Advocate U Myint Lwin, Advocate U Than Maung, Deputy Director (Retd) Daw Than Than Yi of Union Attorney-General Office.

The secretary will be announced separately. Duties, authorities, rights and terms are as follow:-

Duties and rights of the commission

(1) The commissiona.

a. will have to suggest amendment, revoking and drafting of laws after studying existing laws to the Hluttaw through the Pyithu Hluttaw Speaker.

b. will have to report to the Hluttaw through the Hluttaw Speaker after studying special cases, if any, from legal standpoint.

c. will have to accomplish duties assigned by the Hluttaw Speaker within designated period.

d. will have to share duties within the commission for special cases categorized by the Pyithu Hluttaw Speaker.

e. will have to make suggestions if requested by the Pyithu Hluttaw.

(2) The commission shall invite responsible persons of related organizations and discuss with them.

(3) The commission members could freely make discussions if not contrary to provisions in the Constitution of the Republic of the Union of Myanmar and Pyithu Hluttaw Laws.

(4) Behaviours and words of a member in the commission meeting are not to be publicized. The commission will have to approve the meeting record with detailed
discussions. The records shall not be distributed. Copy of the report of the Hluttaw will have to be sent to the Hluttaw Office to file as a case.

(5) The commission meeting could be convened as and when necessary and the meeting is valid if half of the members attend it.

Rights and opportunities of the commission

(1) The commission members shall enjoy allowances of Hluttaw representatives in addition to rights designated by the Hluttaw when they are in the commission-based region to perform the duty of the commission and to attend commission meeting and whey they are traveling on duty.

(2) The commission members are immune from other laws regarding discussions in commission meetings apart from Pyithu Hluttaw Law.

The commission is Union-level institution in accord with Sub-section (h) of Section (2) of Pyithu Hluttaw Law and its term is not more than one year.

The Pyithu Hluttaw Speaker explained that the commission has done its functions about five months ago. In so doing, occasionally encountering with irregular cases such as legal affairs, political and international affairs, economic and social affairs is very likely. With regard to legal affairs, it has been tried to include retired personnel and currently discharging personnel from judicial departments, personnel discharging at and retired from the Attorney-General Office of the Union and courts at different levels, advocates and lawyers, and instructors giving lectures on law in the commission.

Likewise, ambassadors, directors-general, and officials from the Ministry of Foreign Affairs Ministry who have experience in political and international affairs are assigned to the commission to be able to deal with political and international affairs.

So, the commission thanks to its comprehensive organizational structure can contribute greatly in analyzing special cases which emerge occasionally.

Hluttaws are mainly promoting the interests of the nation and the public. The commission was formed with selected members for it is assumed that the commission
members can contribute to not only the Hluttaw but also the national and public interests with their knowledge, experience and goodwill.

Comments Off on Law Committee

Filed under Burma, Myanmar

November 15, 2011 · 15:39

Hell no, she can’t go

Despite the Supreme Court’s TRO yesterday regarding the WLO against former President Arroyo, the administration physically prevented them from catching their flight out of Manila yesterday. In a dramatic scene, the former president was wheeled away from their flight into a room with their lawyers. There are already calls to impeach Aquino over this and other recent decisions. All that’s certain for now is that the Aquino administration has set itself up for an even more intense showdown with the Supreme Court.

Comments Off on Hell no, she can’t go

Filed under Aquino, Arroyo, Philippines, Supreme Court

November 15, 2011 · 06:48

Suu Kyi speech about courts

 Mizzima has excepts from a speech Daw Aung San Suu Kyi gave at a press conference marking the first anniversary of her release from house arrest. Perhaps not surprisingly given her experience, she lambasts the judicial system. It’s worth checking out to see how she prioritizes judicial reform.

Comments Off on Suu Kyi speech about courts

Filed under Aung San Suu Kyi, Burma, judicial reform, Myanmar