The Common Law and the Constitutional Writs in Myanmar
Melissa Crouch (2014) ‘The Common Law and the Constitutional Writs in Myanmar’ in Melissa Crouch and Tim Lindsey (eds) Law, Society and Transition in Myanmar. Oxford: Hart Publishing
Posted: 18 Oct 2014
Date Written: October 15, 2014
This chapter investigates the constitutional provisions dealing with writs that provide an avenue for citizens to apply to the Supreme Court for review of a government decision. Focusing on the low number of reported cases since 2011 by comparison to the actual number of cases lodged, this chapter explores the socio-political dynamics of constitutional writ cases and their potential for development. It concludes from the reported writ cases, and from the draft writ bill discussions, that the relationship between the executive and the judiciary blurs any line between the branches of government established by the formal separation of powers. While the interpretation of the scope of the writs remains with the courts, present circumstances indicate a limited potential for accountability of executive action.
Keywords: writs, Burma, Myanmar, courts, judicial independence, separation of powers
Suggested Citation: Suggested Citation