ORCID Profile
0000-0002-5834-6229
Current Organisations
Chiang Mai University
,
University of New South Wales
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Publisher: Informa UK Limited
Date: 03-07-2017
Publisher: Informa UK Limited
Date: 20-07-2019
Publisher: American Geophysical Union (AGU)
Date: 24-12-2011
DOI: 10.1029/2011GL049927
Publisher: Oxford University Press
Date: 23-06-2016
Publisher: SAGE Publications
Date: 10-05-2022
DOI: 10.1177/0067205X221087457
Abstract: The rigidity of the 2008 Constitution of the Republic of the Union of Myanmar is rightly notorious, as this rigidity was proven at least three times through failed attempts at reform. Despite these failed attempts, the military disputed the results of the election held in November 2020, and conflict ostensibly over that issue led to a military coup on 1 February 2021. This coup purported to have been undertaken constitutionally as an ‘emergency’ but was the object of popular rejection. In this article, we focus on the struggle over constitutionalism that had its origins in earlier attempts to achieve democracy. In our focus on the current nature and implication of ‘constitutional struggle’ in Myanmar, we make use of analysis based on factual data collected by the second author, located in Mandalay, one of the epicentres of struggle against the military and their actions following the coup. Our argument is that this ‘praetorian constitutionalism’ in Myanmar absent a pre-agreed pact between the military and the civilian defies the basic logic of democratic or liberal constitutionalism and hence is unconstitutional in both spirit and text. This explains how a constitution drafted in order to protect the position and privileges of the military was ultimately in effect rejected by that same military. The article will argue that the praetorian constitutionalism of Myanmar during 2010–21 contains a necessarily built-in struggle between the civilian and the soldier that remains unresolved.
Publisher: Oxford University Press (OUP)
Date: 19-08-2019
DOI: 10.1093/CJCL/CXZ010
Abstract: The process of making the present Constitution of the Republic of the Union of Myanmar in Burma/Myanmar under the military dictatorship State Law and Order Restoration Council/State Peace and Development Council (SLORC/SPDC) from 1993 through to 2007 is rightly viewed as an undemocratic, repressive process. Both the citizens of Myanmar and the international community generally had no say in the whole process. Thus, the process may be viewed as one of resistance by the SLORC/SPDC against global constitution-making norms and practices, on the one hand, and local democratic politicians and groups, on the other hand. The Constitution that came into operation in January 2011 admittedly has highly undemocratic content. However, it undeniably has some democratic content that started bearing fruit, eventually culminating in the winning, in the November 2015 general election, and the coming to power of, the National League for Democracy party in March 2016. I trace the constitution making in Burma/Myanmar by expanding the time frame of analysis until 2016 and revisit the ‘resistance’ argument. Then I posit that the process is a double-pronged strategy by the SLORC/SPDC to, first, resist global and local pressures with the intention of, later, engaging with them when the time was perceived to be right and conducive to their interests.
Publisher: Elsevier BV
Date: 11-2006
Publisher: Springer Singapore
Date: 2020
Publisher: Cambridge University Press (CUP)
Date: 02-2021
DOI: 10.1017/ALS.2020.50
Abstract: This article highlights the convenient excuse of (il)legality used by (1) religious majoritarian mobs to justify attacks against places of worship and religious buildings of minorities and (2) police and local authorities to absolve themselves of the failure to uphold public order and the rule of law, protect religious minorities, and to punish religious minorities. This article traces the emergence of legal violence in the form of anti-mosque vigilante extremism in Myanmar from 2012 onwards and analyzes cases of attacks against: (1) “illegal” mosques (2) madrasas being used as or reconstructed into mosques (3) buildings allegedly being constructed as mosques (4) private homes and public spaces being used as mosques and cases of (5) closed mosques not being allowed to reopen. The author primarily used Myanmar-language resources as well as interviews to conduct the research.
Publisher: Informa UK Limited
Date: 02-10-2015
Publisher: Cambridge University Press
Date: 28-03-2019
No related grants have been discovered for Nyi Nyi Kyaw.