Judicial Independence in Burma: No March Backwards Towards the Past

Description: 

"This paper discusses and analyzes judicial independence in Burma, primarily since independence in 1948. To that end, this paper analyzes and briefly comments on constitutional provisions concerning the independence of the judiciary in the two defunct provisions of post-independence constitutions of Burma, namely the 1947 and 1974 Constitutions. In doing so, the paper focuses mainly on the post-1948 and post-1962 developments. The post-1962 developments highlight how the military takeover in March of that year eroded and extinguished the independence of the judiciary in Burma. To appreciate the concept of the independence of the judiciary in historical perspective, however, it is helpful to trace briefly the concept and practice of judicial independence in the days of the Burmese monarchs of the pre-colonial era. Further, it is necessary to analyze briefly the impact of British law on the notions and practice of judicial independence in the colonial era..."

Creator/author: 

Myint Zan

Source/publisher: 

Asian-Pacific Law and Policy Journal (APLPJ 5)

Date of Publication: 

2000-00-00

Date of entry: 

2003-06-03

Grouping: 

  • Individual Documents

Category: 

Language: 

English

Local URL: 

Format: 

pdf

Size: 

154.45 KB