The Role of the Constitutional Tribunal in Myanmar’s Reform Process

Abstract

Not long after the establishment of its Constitutional Tribunal in February 2011, Myanmar faced a constitutional crisis, when on 6 September 2012, all nine judges of the Tribunal resigned, after the Burmese parliament (Hluttaw) had initiated impeachment proceedings against the Tribunal members. The incident was seen by several commentators as a sign of the growing strength and independence of theHluttaw, while others argued that the impeachment of the Tribunal could threaten future stability. In February 2013, nine new members of the Constitutional Tribunal were appointed. However, several questions surrounding the role of the Constitutional Tribunal in Myanmar’s reform process remain. In particular, it is not entirely clear how the independence and authority of the Tribunal should be further strengthened. This paper examines the role of Myanmar’s Constitutional Tribunal, against the background of the country’s history and current political situation. By drawing on the experiences of the Indonesian Constitutional Court (Mahkamah Konstitusi), the paper addresses the question of how the post-impeachment Tribunal may be able to fortify its position vis-à-vis the various political actors in the country.