Committee
representing the People's Parliament
elected by the people in the 1990 Multi-party Democratic General Elections
(Committee Representing the People's Parliament)
Notification No. 5 (1998)
1. In Notification No. 2 dated
(a)-----------
(b)---------
(c) Citizens' Rights Protection Law.
(d) --------
(e)-----------"
2. The Citizens Rights Protection Law was promulgated during the Burmese Socialist Program Party (BSPP) era.
3. Since protection of the rights of citizens is the duty of every state and country, it is resolved that every citizen's rights contained in the basic law and original laws be fully restored
4. The State has a duty to protect those rights that a citizen is entitled to. Apart from what is contained in the Preface, Section 1 of Chapter 1, and Sections 2 and 3 of Chapter 2, the remaining sections of the existing Citizens' Rights Protection Law are inappropriate so it is resolved that they be expunged.
5. Laws that are fundamental toe the protection of the rights of citizens and are necessary for the creation of a genuine democratic system are embodied in the following writs:-
(1) Habeas Corpus
(2) Mandamus
(3) Prohibition
(4) Quo Warranto and
(5) Certiorari
It is therefore resolved that a recommendation be made to the Peoples Parliament for the inclusion of these writs in the law.
6. For a better appreciation of these writs by the people it is resolved
that the meanings and explanations be appended to this notification.
Committee representing People's Parliament
(The National League for Democracy takes full responsibility for distribution.)
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APPENDIX
Writs
HABEAS CORPUS
A writ of habeas corpus is a written order by a judge or a court addressed to a person in authority for the purpose of examining if the restraint of a person is in accordance with the provisions of law. It is a process be which jurisdiction is given to a judge or a court of law to prevent and examine cases of illegal and unwarranted restraint of persons. The main point is that where an application for a writ of habeas corpus to the Supreme Court of the Union is made, the Court issues an order to the authority responsible for arresting and imprisoning a citizen to appear before the court and to explain why and under what provisions of the law the arrest and imprisonment has been made. If the Supreme Court has original jurisdiction, a relative of the arrested citizen is allowed to make the application for a writ of habeas corpus.
MANDAMUS
A writ of mandamus is an order that relates to the performance of legal
duties and is issued to lower courts or to persons responsible for the
performance of that duty. The Supreme Court issues this writ of mandamus
ordering a public official or body or a lower court to perform a specific legal
duty relating to public matters. If a peoples parliament , or a state
parliament, or a divisional parliament or other governmental body fails to
perform a duty that is required by law, a citizen can be make an application
for the issue of such a writ.
WRIT OF PROHIBITION
A writ of prohibition is intended to apply to administrative bodies over
which the Supreme Court has no jurisdiction or any individual that makes or
passes an order or decision without the authority so to do and which adversely
affects the rights of a citizen. The writ will prohibit them from implementing
such orders. This means that by a writ of prohibition, excesses of authority
exercised by inferior courts can be prohibited. In a way this is applied for to
prohibit and correct past excesses of authority.
QUO WARRANTO
A Quo Warranto writ is applied for by an
individual for the examination of matters related to the appointment or the
election for a position. This is a method by which necessary correction can be
made to protect any infringement of a citizen's rights through the abuse and
excesses exercised by those in authority.
CERTIORARI
The writ of certiorari is an order calling for the transcript of the
proceeding of a case in a lower court for review by a superior court. The
Supreme Court of the
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