THE NEW REGIME?S JUDICIARY UNDER THE 2008 CONSTITUTION

ဖော်ပြချက်/အကြောင်းအရာ: 

"Chapter 6 of the 2008 Constitution of Myanmar addresses the judiciary and outlines the formation of the courts. There are three types of courts created under the Constitution, namely the Union Supreme Court with its lower domestic courts, the Military Court and the Constitutional Tribunal. The Supreme Court has no jurisdiction over the Constitutional or Military Courts. The three institutions are independent of one another but, ironically, the Constitution states that the Supreme Court is the highest court of the Union. Matters in the Military Court or Constitutional Tribunal cannot be referred to the Supreme Court, so it is patently wrong to say that it is the highest court. This lack of authority is made clearer in Article 295 which sets out the disputes the Supreme Court can handle, including appellate/provisional jurisdiction and other original judicial powers that are vested in the Supreme Court. Thus, the presentation of the Supreme Court as a high court equivalent to that of other countries is misleading since most foreign supreme courts do not have such limitations. Referring to the Supreme Court as the highest court in the Union is appropriate only in relation to its ability to issue enumerated writs and act as a court of final appeal for domestic legal matters..."

Creator/author: 

B.K Sen

ရင်းမြစ်: 

"LawKa PaLa - Legal Journal on Burma" - No. 39 (August 2011)

Date of Publication: 

2011-08-00

Date of entry: 

2018-05-23

Grouping: 

  • Individual Documents

Language: 

English

မှတ်တမ်း: 

ပုံစံ: 

pdf

အရွယ်အစား: 

53.88 KB