Category Archives: constitutional tribunal

Myanmar’s Constitutional Tribunal issued a ruling in its second case! (I’m still not quite sure what happened to the first case and find no record of a final decision online). The tribunal ruled that several sections of the Emoluments, Allowances, and Insignias Law as unconstitutional. It’s interesting to see the court actually choosing to exercise review so early, even if in a relatively minor case. Unfortunately, that’s all I know about it right now. See below for the original New Light of Myanmar announcement of the decision:

NAY PYI TAW, 14 Dec-The tribunal comprising the chairperson and all the members of the Constitutional Tribunal of the Union delivered the verdict on proposal No. 2/2011 submitted by 23-member group including Amyotha Hluttaw Representative Dr Aye Maung through the Amyotha Hluttaw Speaker in accordance with Section 15 (d) of the Union Constitutional Tribunal Law, at Room No. 1 of the tribunal this morning.

The verdict stated that the proposal of 23-member party including Dr Aye Maung was allowed; according to the provisions of the Constitution of the Republic of the Union of Myanmar, Section 4 (c) of Emoluments, Allowances and Insignias Law of Region or State level Officials covers Region or National Races Affairs Ministers as they are the ministers of regions or states concerned and provisions in Section 5 and 17 of this law is not in compliance with the constitution.-MNA

New Light of Myanmar posted an article today about the Commission on Legal Affairs and Special Cases. One of its tasks is to check whether existing laws conform with the constitution. On its face, it’s a bit unclear whether the Hluttaw wouldn’t just ask the Constitutional Tribunal to handle these issues – that is after all the whole point of constitutional review. It’s also noteworthy that Pyithu Hluttaw Speaker Thura Shwe Mann met with this commission, but was adamantly opposed to giving the tribunal abstract review. Why? Sadly, it’s yet another question that only the mosquitos on the wall in Naypyidaw can probably answer at this point.

YANGON, 10 Dec—The Studying, Examining and Reviewing Commission on Legal Affairs and Special Cases was constituted with 15 members at the 48th day second regular session of the first Pyithu Hluttaw held on 16 November 2011.

Speaker of Pyithu Hluttaw Thura U Shwe Mann yesterday morning met members of the commission at the commission office (Yangon branch) at room 209-210 of No. 66/B at Yuzana Condo Tower at the corner of Shwegondine and Kaba Aye Pagoda Roads in Bahan Township.

It was also attended by Deputy Speaker of Pyithu Hluttaw Chairman of the Commission U Nanda Kyaw Swa and commission members, chairmen of Pyithu Hluttaw committees, Yangon Region Chief Minister U Myint Swe, the speaker of Yangon Region Hluttaw and members and guests.

In his address, Speaker of Pyithu Hluttaw Thura U Shwe Mann said that the commission is a Union level organization that was formed under section 2, subsection (h) of the Pyithu Hluttaw Law with experienced persons in legal, international and economic fields to be able to serve the interests of the Hluttaw and the State.

The commission is responsible for scrutinizing the existing laws whether they can be conformity with the constitution and Our Three Main National Causes—Nondisintegration of the Union, Non-disintegration of National Solidarity and Non-disintegration of Sovereignty, whether they can serve the interests of the State and the citizens, and whether they can be in conformity with the international convention and for submitting the reports on amendment, revocation and new promulgation to the Hluttaw through the Speaker of the Pyithu Hluttaw.

The suggestions and assessments of the commission will contribute much towards undertakings of the Hluttaw in serving the interests of the State and the people. Moreover, the commission is to assess the laws concerning economic sector and give suggestions for economic reform of the State.

He called on the commission to take up its tasks dutifully for the Hluttaw and the State interests.

Chinese Ambassador Mr Li Junhua donated computer accessories for the Hluttaw Office. Chairman of the Pyithu Hluttaw International Relations Committee U Hla Myint Oo accepted the donations. The Ambassador explained the purpose of donation.

Speaker Thura U Shwe Mann spoke words of thanks.

The Studying, Examining and Reviewing Commission on Legal Affairs and Special Cases is formed with Deputy Speaker of Pyithu Hluttaw U Nanda Kyaw Swa of Dagon Township Constituency as Chairman, U Thein Swe of An Constituency and U Htay Myint of Myeik Constituency as Vice-Chairmen. Commission members are retired Ambassador (Retd) U Lin Myaing, Director-General (Retd) U Mya Thein of the Supreme Court of the Union, Director- General (Retd) U Than Tun of the Ministry of Foreign Affairs, Professor (Retd) Dr Aung Tun Thet, Lt-Col Aung Khin Thein of Judge Advocate-General’s Office of the Commander-in- Chief (Army), Professors Dr Tin May Tun and Dr Thida Oo of the Ministry of Education, Director (Retd) U Tin Win of the Supreme Court of the Union, Region Law Officer (Retd) U Khin Maung Oo, Advocates U Myint Lwin and U Than Maung, and Deputy Director (Retd) Daw Than Than Yi of Attorney-General’s Office.

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.

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

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.

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:

For now, it seems the Pyithu Hluttaw has won and the Hluttaw will not forward laws to the Constitutional Tribunal for vetting before they’re enacted into legislation. However, I thought this passage from the November 14 edition of The New Light of Myanmar was interesting:

Bill Committee or Joint Bill Committee accomplished its duties after submitting bills to the Pyidaungsu Hluttaw. It is not responsible for scrutinizing bills approved or deemed to be approved by Pyidaungsu Hluttaw again as they have been scrutinized step by step. Any organization or person, which is responsible or has undertaken, has no right to reveal any doubt whether it is accorded with the Constitution or not. There is no reason to ask Constitutional Tribunal for opinions.

There is nothing else in the lengthy article about the Constitutional Tribunal, but it seems somebody at the editor’s office wanted to reemphasize that the new Joint Bill Committee is not exercising a constitutional review function. I’m a bit surprised at the negative attitude because the last NLM article I saw about this debate was somewhat more sympathetic to the Amyothat Hluttaw. We’ll see if this really is the end of the debate and whether, as NLM so boldly states, there is no reason to ask Constitutional Tribunal for opinions.