General elections were held in burma on 9 april 1947 to form the basis of a constituent assembly that would design a constitution once independence from the united kingdom had been achieved. With this agreement burma regained independence from britain. Constitution 2008 this is the 2008 constitution of myanmar. Nuattlee burma independence agreement london, 1947. State revenue list the constitution of the union of.
National constitutions, draft constitutions, amendments and announcements texts. Viewers can select a a topic to highlight using dropdown menu provided on the webpage. Preamble we, the people of burma including the frontier areas and the karenni states, determined to establish in strength and unity a sovereign independent state, to maintain social order on the basis of the eternal principles of justice, liberty and equality. Constitution of the union of burma 1947 en free download as pdf file. Dec 02, 2011 the union of burma constituent assembly of burma rangoon, supdt, govt. An overview i parliamentary democracy and the 1947 constitution ii ne wins burmese socialism and the 1974 constitution iii. We, the people of burma including the frontier areas and the karenni states, determined to establish in strength and unity a sovereign independent state, to maintain social order on the basis of the eternal principles of justice, liberty and equality and to guarantee and secure to all citizens justice social, economic and political. May 08, 2018 the constitution of the union of burma 1947 myanmar s first constitution was drafted in may 1947, shortly before the countrys independence, at jubilee hall in yangon. Designing federalism in burma federalism, constitution making and state building in burma finding equilibrium between nationbuilding for selfrule and statebuilding for sharedrule in federalism by lian h. The constitution of the union of burma, 1947 the 1947 constitution burmese.
Implications of international law for burma burma s constitution renders the republic of myanmar incapable of complying with many of its. Constitution which the afpfl published in may 1947 for consideration by. All powers, legislative, executive and judicial, in relation to the remaining territories of the union of burma shall, subject to the provisions of. The country has been ruled by military juntas for most of its history. The republic of the union of myanmar shall honour all legitimate obligations arising out of treaties or agreements which before the commencement of this constitution have been in operation between the government of the union of myanmar and the government of other state, provided that such other state honours any reciprocal obligations towards. The book identifies and articulates the principles of the constitution through an indepth analysis of legal and political processes and. Maung maung has already gained an international reputation as a student of public affairs in burma. Constitutional codification and the constitutional tribunal iii. In part i he traces the genesis of the constitution and in part ii he explains it. This timely and accessible book is the first to provide a thorough analysis of the 2008 constitution of myanmar burma in its historical, political and social context.
The union of burma shall comprise the whole of burma, including i all the territories that were heretofore governed by his. In part i he traces the genesis of the constitution and in part ii he. Sakhong introduction on 12 february 1947, the union of burma was founded at panglong by four former british colonies, namely the chin. Chronology of burmas constitutional process human rights watch. Myanmar president u win myint on monday called for a constitution which is the foundation of the establishment of the future democratic federal union complying with democratic principles and standards, the actual situation of the country and the emerging federal union system. All powers of government and all authority legislative, executive and judicial are derived from the people and the same shall be exercised in accordance with the scheme hereunder. Burma shall be a fully independent and sovereign state. Constitution of the union of burma wikisource, the free. National constitutions, draft constitutions, amendments. The constitution of myanmar written by melissa crouch, published by bloomsbury publishing which was released on 05 september 2019. Burma shall be a coequal member of thecommunity of sovereign states forming the greater east asia coprosperity sphere. Constitutional referendum plan approved global legal.
Aung san revealed that the draft constitution, submitted to this convention, was modelled upon the yugoslav pat tern. Myanmarburmas binding obligations under international law. Download burma s constitution book pdf epub mobi tuebl and. The 2008 constitution of myanmar lays down as one of its basic principles that the three branches of sovereign power, namely legislative power, executive power and judicial power are separated, to the extent possible, and exert reciprocal control, check and balance among themselves. The current legal framework ll powers legislative executive and judicial in relation to the remaining territories of the nion of urma shall subject to the provisions of section be exercisable only by or on the authority of the organs of the nion undamental ights. The constitution of the union of burma, 24 september 1947 ilo. The constitution of the union of burma 1948 orm of tate undamental ights enition of tate itizenship ights of quality ights of reedom ights relating to eligion ultural and ducation ights conomic ights ights in relation to riminal aw ights to onstitutional emedies. The act received the royal assent on 10 december 1947. Before independence, myanmar had two quasiconstitutions, the government of burma act, 1935 and constitution of burma under japanese occupation, 1943. The constitution of the union of burma, 1947 the 1947. The new constitution provided for a bicameral legislature with a prime minister and cabinet.
After attaining independence, parliamentary democracy system was practised in the state in accord with the constitution of the union of myanmar. In his former work, burma in the family oj nations, dr. The union of burma shall comprise the whole of burma, including i all the territories that were heretofore governed by his britannic majesty through the governor of burma, and ii the karenni states. Burma is a sovereign independent republic to be known as the union of burma. While burma is still under british colonial rule, the panglong agreement is signed by. The constitution of the union of burma 1947 free download as pdf file. Independent burma s first democratic constitution printed in rangoon in 1947, bound in blue printed wrappers with a parallel transliterated text in burmese and english, presentation inscription on title page in burmese hand, browning around staples, otherwise very good. The national convention was held in 16 th september, 1993. The constitution of the union of burma 1947 democracy for. The sovereignty of the union resides in the people. In the 1974 constitution, only the pyithu hluttaw house of representatives had the power of interpretation according to article 200 and 201. The union of burma shall comprise the whole of burma, including.
Historically, the records show that the 1947 constitution offered the rohingyas a chance to be to citizens recognized ethnic race who existed in burma prior to 1823, however, the rohingya wanted. The constitution of the union of burma 1947 wehrmacht. In 1974, the constitution of the socialist republic of the union of myanmar was enacted. Fundamentally undemocratic a legal and human rights analysis i. The constitution of the union of burma by htoon, chan. This timely and accessible book is the first to provide a thorough analysis of the 2008 constitution of myanmar burma in its historical, political and social. Speaking on the occasion of the 73rd anniversary of independence day, u win myint stressed that it is. Online burma myanmar library, asian studies www virtual library pdf pdf. In order to gain independence speedily, the constitution was hastily drafted, and it was adopted by the constitutent assembly on 24 th september 1947. The countrys 1947 constitution is often, if simplistically, viewed as a sort of golden age for burmese constitutionalism.
Treaty between the government of the united kingdom and the provisional government of burma london, 17th october, 1947. Jun 25, 2017 the constitution recognised burma proper, shan, kachin, kayah and kayin states, and a chin special division. Unfortunately aung san was assassinated by u saw on july 19, 1947. The constitution of the union of burma, 24 september 1947, effective 4 january 1948preamble we, the people of burma including the frontier areas and the karenni states, determined to establish in strength and unity a sovereign independent state, to maintain social order on the basis of the eternal principles of justice, liberty and equality. This is the first constitution since the prodemocracy protests in 1988. Myanmars president calls for constitution to establish democratic federal. Overview burma s military regime, known as the state peace and development council spdc, intends to hold national elections sometime this year, the first since 1990. State revenue list the constitution of the union of burma. Law and constitution constitutional and parliamentary processes national constitutions, draft constitutions, amendments and announcements texts the constitution of the union of burma, 1947 the 1947 constitution burmese. Military backed government constitution, 2008 englishburmese version 2. The nuattlee agreement was signed on october 1, 1947 in london. They were the first elections in burma since its separation from india under the british raj. Selected judgements of lower burma 18721892 printed judgements of lower burma 18931900. President usually acting on the advice of the union cabinet had the power to declare a state of emergency whenever the.
General aung san, the father of current state counselor daw aung san suu kyi, led the 75member drafting committee. The full text of aung san constitution can be read in burma s constitution by maung maung, martinus nijhoff, the hague, 1961, appendix iv. The 1947 constitution granted states the right to selfdetermination, and most importantly, in chapter 10, also granted them the right to secede, but not until 10 years after the charter took effect. In the 1947 constitution, the supreme court decided upon constitutional disputes and interpreted the constitution subject to article 151. Comparing three versions of the myanmar burma constitution. Do hereby adopt this constitution of the republic of the union of myanmar through a nationwide referendum on the t enth day of kasone w aning, 70 m. National constitutions, draft constitutions, amendments and. Burma in this matter, but must have regard to their already heavy commitments in other parts of the world. The constitution of the union of burma, 1947 the 1947 constitution. The union of burma came into being on 4 january 1948 as an independent republic outside the commonwealth. A tale of 3 constitutions covering burma and southeast asia. Rights and privileges all persons are by nature free and independent, and have certainnatural and.
After the 1962 burmese coup detat, a second constitution was enacted in 1974. However, aung san was assassinated three months later, resulting in u nu becoming the. Burma gains independence from british rule and institutes the 1947 constitution. Constitution of the union of burma 1947 en politics of. The union of burma constituent assembly of burma rangoon, supdt, govt. After independence, myanmar adopted three constitutions in 1947, 1974 and 2008. The constitution of the union of burma, 24 september 1947. Section 200 a in interpreting the expressions contained in this constitution, reference shall be made to the. Jared ferrie, myanmar president enacts law allowing referendum on disputed constitution, reuters feb. Organisation of the book chapter 2 the origins and content of the 2008 constitution. The constitution of the union of burma by htoon, chan burma.
Gtgovernment came to power and the 1947 c tit ticonstitution was suspended. The article compared three versions of the myanmar constition established in 1947, 1974 and 2008. Aung sans version of 1947 union constitution the rohingya post. Burma has ratified and accepted the obligations of a number of international treaties. The union of the republic of burma has become an independent sovereign state. Panglong spirit and the right to secession frontier myanmar.
Constitution of the republic of the union of myanmar 2008. Myanmar s first constitution adopted by constituent assembly was enacted for the union of burma in 1947. However, once upon a time, burma s constitution was taken seriously and actually allowed for the stirrings of the rule of law. All powers of government and all authority legislative. The 2008 constitution in 2003, burma s ruling military juntathe state peace and development council spdcbegan drafting the countrys third constitution since independence in 1947, as.
337 1157 402 49 950 196 141 1463 1412 593 1532 1325 267 838 859 1155 1418 1425 45 1402 439 1227 214 1286 877 171 1011 399 1140 607 1368 235