Malcolm Rivera
Myanmar has had three constitutions since gaining independence from the British Empire in 1948: the Constitution of 1947, the Constitution of 1974, and the Constitution of 2008, which is the present constitution. The country has been ruled by military juntas for most of its history and has experienced long periods of non-constitutional rule.
| Characteristics | Values |
|---|---|
| First Constitution | 1947 |
| Second Constitution | 1974 |
| Current Constitution | 2008 |
| Date of Referendum for Current Constitution | 10 May 2008 |
| Date Current Constitution Came into Force | 31 January 2011 |
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What You'll Learn
Myanmar's first constitution was adopted in 1947
The 1947 constitution was developed in consultation with various ethnic groups, including the Chin, Kachin, and Shan people. In exchange for their cooperation, these groups were to receive full autonomy in internal matters. The constitution also granted ethnic states the right to secede from the Union of Burma after ten years following independence. The national government was made up of three branches: the judiciary, the legislature, and the executive. The legislative branch was a bicameral legislature called the Union Parliament, consisting of two chambers: the Chamber of Nationalities and the Chamber of Deputies. The number of seats in the Chamber of Deputies was determined by the population size of respective constituencies.
The 1947 constitution was largely based on the 1946 Yugoslav Constitution, as several Burmese officials visited Yugoslavia earlier that year. At the time, Yugoslavia was a federation, and so was Burma under the 1947 constitution. However, in practice, the country was governed like a unitary state. Other influences of the socialist Yugoslav constitution included sections establishing a welfare state and a heavily centralised government.
The 1947 constitution was suspended when the Myanmar military seized power and formed the Revolutionary Council of the Union of Burma, led by General Ne Win. A second constitution was enacted in 1974, institutionalising military rule and transforming the regime from a military dictatorship to a consolidated one-party dictatorship.
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The 1947 constitution was suspended after the 1962 coup
Myanmar's first constitution, the 1947 Constitution, was suspended when the Myanmar military seized power in a coup in 1962. General elections were held in Burma on 9 April 1947, and the constitution was approved on 24 September 1947, forming the basis of a constituent assembly that would design a constitution once independence from the United Kingdom had been achieved. The 1947 Constitution was an attempt to apply Westminster parliamentarism to a Myanmar context, with a bicameral legislature and a multiparty democratic system.
The 1962 coup d'état established a military government that ruled without a constitution for 12 years. During this period, the military junta was led by General Ne Win, who formed the Revolutionary Council of the Union of Burma. In 1974, the military institutionalized its rule by adopting a new constitution, which transformed the regime from a military dictatorship to a consolidated one-party dictatorship. The 1974 Constitution was the opposite of its 1947 predecessor in almost every respect. It established a unicameral legislature, with the Burma Socialist Programme Party (BSPP) as the only legally recognized political party, dominating all three branches of government.
The 1974 Constitution also introduced a new territorial organization of seven states and seven divisions and established formal equality between them. It was modelled after the constitutions of the Eastern Bloc countries during the Cold War era. The 1947 Constitution's language of federation was replaced in the 1974 Constitution, which codified a unitary, centralized state under the complete control of the military.
The 1962 coup and the suspension of the 1947 Constitution marked a significant shift in Myanmar's political system, from a multiparty democracy to a consolidated one-party dictatorship under military rule. This period of military rule lasted until 1988 when anti-government protests calling for democracy led to the collapse of the one-party regime. Myanmar has had three constitutions since its independence: the 1947, 1974, and 2008 Constitutions, with the current constitution being the 2008 version.
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The 1974 constitution was approved in a 1973 referendum
The 1974 Constitution of Myanmar, officially the Constitution of the Socialist Republic of the Union of Burma, was the country's second constitution. It was approved in a referendum held in 1973 and adopted on 3 January 1974. The 1974 Constitution was preceded by the 1947 Constitution, which was suspended when the Myanmar military seized power and formed the Revolutionary Council of the Union of Burma, led by General Ne Win.
The 1974 Constitution established a unicameral legislature called the People's Assembly (Pyithu Hluttaw), with members from the Burma Socialist Programme Party (BSPP) as the only legal party. Each term of the legislature was set at four years. The constitution was modelled after those of the Eastern Bloc, according to David I. Steinberg. It reformed Burmese federalism by establishing seven predominantly ethnic Burman divisions and seven ethnically distinct "states" to form the Socialist Union of Burma. This system still persists today.
General Ne Win became the president under the 1974 Constitution. However, in September 1988, the military, under the State Law and Order Restoration Council (SLORC), seized power again and suspended the 1974 Constitution. They declared that a new constitution should be drafted, but many viewed this as a tactic to prolong their rule. The SLORC convened a constitutional convention in 1993, but it was suspended in 1996 due to a boycott by the National League for Democracy (NLD), which deemed it undemocratic.
Myanmar was left without a constitution until 2008, when the military government proposed a new constitution to be voted on in a public referendum as part of its roadmap to democracy. The 2008 Constitution, the country's third, came into force on 31 January 2011 and continues to dominate the country's political landscape, with the Tatmadaw (Myanmar Armed Forces) retaining significant control of the government.
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The 2008 constitution was published in September 2008
The Union of Myanmar, or simply Myanmar, has a complex and often tumultuous political history, with various iterations of its constitution. One of the most recent developments in this regard occurred in 2008 with the publication of a new constitution in September of that year. This constitution, released in 2008, stands as a pivotal document in the country's ongoing evolution, outlining the fundamental principles, structures, and processes that govern Myanmar.
The 2008 Constitution of Myanmar came about following a prolonged period of military rule and political instability. It was drafted by a committee appointed by the country's military junta, known as the State Peace and Development Council (SPDC). The drafting process began in 2006 and involved consultations with various political and ethnic groups within the country. However, the process was not without criticism, as some groups boycotted the proceedings, citing a lack of transparency and genuine representation.
The document was finalized and made public in September 2008, providing a framework for a civilian government alongside a strong role for the military. It established a presidential system, with a bicameral legislature consisting of the Pyidaungsu Hluttaw (Union Parliament) and several state and regional parliaments. The constitution also guaranteed the military a minimum of 25% of seats in the legislature, giving them significant influence over lawmaking.
One of the most contentious aspects of the 2008 Constitution is the eligibility requirements for the presidency. It disqualifies candidates with foreign-born spouses or children, a clause that appeared tailored to prevent Aung San Suu Kyi, the leader of the National League for Democracy (NLD), from becoming president. This provision has been widely criticized by international observers and pro-democracy groups as undemocratic and restrictive.
The 2008 Constitution also includes provisions for the protection of human rights, the recognition of ethnic minorities, and the distribution of power between the central government and the states and regions. It outlines the responsibilities and powers of the three branches of government: the executive, the legislature, and the judiciary. Additionally, it establishes the role of the military, or Tatmadaw, in maintaining national security and protecting the constitution.
In conclusion, the publication of Myanmar's 2008 Constitution in September of that year marked a significant development in the country's political landscape. While it provided a framework for a civilian government and included provisions for human rights and ethnic representation, the strong presence of the military and restrictive eligibility requirements for the presidency have been sources of ongoing controversy. The impact of this constitution continues to shape Myanmar's political future and the lives of its citizens.
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The 2008 constitution is the current constitution of Myanmar
The Constitution of the Republic of the Union of Myanmar, written in 2008, is the current constitution of Myanmar. It is the third constitution in the country's history, following the 1947 and 1974 constitutions, which were annulled following military coups. The 2008 Constitution was published in September 2008 and came into force on 31 January 2011.
The 2008 Constitution was drafted by a 54-member constitution drafting commission formed by the State Peace and Development Council (SPDC) government. The SPDC announced on 19 February 2008 that the commission had finalised the draft constitution and planned to hold a referendum in May 2008. The referendum was held on 10 May 2008 (24 May in some townships), and the SPDC announced that 93.82% of voters approved the new constitution. However, there has been widespread criticism of the referendum process, as Cyclone Nargis hit Myanmar just a few days before the vote, and there are questions about whether the process was free and fair.
The 2008 Constitution provides for a bicameral legislature, consisting of the 440-seat House of Representatives and the 224-seat House of Nationalities. It also reserves 25% of seats in both houses of the Assembly of the Union for military representatives, giving the Tatmadaw (Myanmar Armed Forces) significant control over the government. The ministries of home, border affairs, and defence must be headed by serving military officers, and the military appoints one of the country's two vice presidents. As a result, civilian leaders have little influence over the security establishment.
The 2008 Constitution has been the subject of proposed amendments, with the ruling party and opposition parties acknowledging that changes are needed to make it more genuinely democratic and federal. However, attempts to amend the Constitution have been unsuccessful.
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Frequently asked questions
Myanmar's first constitution was written in 1947.
Myanmar has had three constitutions: the Constitution of 1947, the Constitution of 1974, and the current Constitution of 2008.
The 1947 constitution was suspended when the Myanmar military seized power and formed the Revolutionary Council of the Union of Burma, led by General Ne Win.
The current constitution of Myanmar is the Constitution of the Republic of the Union of Myanmar, enacted in 2008.
The 2008 constitution is significant because it is the third and current constitution of Myanmar, and it came into force on 31 January 2011, after a referendum. It replaced the previous constitutions that had been suspended due to military coups.
