This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.
Melissa Crouch is a Research Fellow at the Centre for Asian Legal Studies, Law Faculty, National University of Singapore. Tim Lindsey is Malcolm Smith Professor of Asian Law and Director of the Centre for Indonesian Law, Islam and Society, the University of Melbourne.
Part I: The Legal System of Myanmar 1. Introduction: Myanmar, Law Reform and Asian Legal Studies Melissa Crouch and Tim Lindsey 2. A Short Research Guide to Myanmar's Legal System Melissa Crouch and Nick Cheesman 3. The Layers of Legal Development in Myanmar Melissa Crouch Part II: The Courts: Past and Present 4. Is Burmese Law Buddhist? Transition and Tradition Andrew Huxley 5. Bodies on the Line in Burma's Law Reports, 1892-1922 Nick Cheesman 6. Understanding the Myanmar Supreme Court's Docket: An Analysis of Case Topics from 2007 to 2011 Dominic J Nardi, Jr and Lwin Moe Part III: Constitutionalism 7. What's So Bad about Burma's 2008 Constitution? A Guide for the Perplexed David C Williams 8. The Common Law and Constitutional Writs: Prospects for Accountability in Myanmar Melissa Crouch 9. Constitution-making in Myanmar: Insights from World Experience Anna Dziedzic and Cheryl Saunders Part IV: Economic, Political and Business Reforms 10. Legislative Foundations of Myanmar's Economic Reforms Sean Turnell 11. Elections and the Reform Agenda Michael Lidauer and Gilles Saphy 12. A Principled Approach to Company Law Reform in Myanmar Melinda Tun 13. The Securities Exchange Law and Prospectus Regulation: Early Sketches of Equity Capital Market Law and Regulation in Myanmar Tun Zaw Mra Part V: Law Enforcement, Conflict and Dispute Resolution 14. Police Reform and the `Civilianisation' of Security in Myanmar Andrew Selth 15. Legal Perspectives on Industrial Disputes in Myanmar Kyaw Soe Lwin 16. War, Law, Politics: Reflections on Violence and the Kachin Nicholas Farrelly 17. Civilian Protection and the Politics of Humanitarian Action in Kachin State Alistair DB Cook Part VI: Myanmar Law in Regional and Comparative Perspective 18. Unlike Any Land You Know About? Myanmar, Reform and the Indonesia Model Tim Lindsey 19. The Regional Context of Myanmar's Democratic Transition: What Role for ASEAN's New Institutions? Catherine Shanahan Renshaw 20. Law and Development in its Burmese Moment: Legal Reform in an Emerging Democracy Andrew Harding