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Judicial Power and the Constitutional Tribunal: Some Suggestions for Better Legislation Relating to the Tribunal and its Role
- The purpose of this chapter is to make some suggestions to further strengthen the formation of the Constitutional Tribunal of the Union of Myanmar (CTU), and its jurisdiction and powers in the deliberation and adjudication of cases, by amending the existing CTU Law and rules made thereunder. It is argued that it will benefi t Myanmar if, rather than seeking to replace the CTU with judicial review by the Supreme Court, as is preferred by some people, the power and role of the existing CTU, which was established by the 2008 Constitution and the CTU Law, are developed. An entire new bench of CTU Members was appointed in March 2016 following the election of the new President.
Khin Khin Oo
- Book chapter
- Constitutionalism and Legal Change in Myanmar, Hart Publishing