Abstract

https://ssrn.com/abstract=2510397
 


 



The Common Law and the Constitutional Writs in Myanmar


Melissa Crouch


University of New South Wales (UNSW) - Faculty of Law

October 15, 2014

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

Abstract:     
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


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Date posted: October 18, 2014  

Suggested Citation

Crouch, Melissa, The Common Law and the Constitutional Writs in Myanmar (October 15, 2014). 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. Available at SSRN: https://ssrn.com/abstract=2510397

Contact Information

Melissa Amy Crouch (Contact Author)
University of New South Wales (UNSW) - Faculty of Law ( email )
Kensington, New South Wales 2052
Australia

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