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• Introduction
• 1. How law and order opposes the rule of law
• 2. Ordering law in the colony
• 3. Reordering law in the postcolony
• 4. Subsuming law to order
• 5. Embodying the law and order ideal
• 6. Performing order, making money
• 7. Through disorder, law and order
• 8. Speaking up for the rule of law
• 9. Against quietude
• Glossary
• Bibliography
• Index.
• (source: Nielsen Book Data)

The rule of law is a political ideal today endorsed and promoted worldwide. Or is it? In a significant contribution to the field, Nick Cheesman argues that Myanmar is a country in which the rule of law is 'lexically present but semantically absent'. Charting ideas and practices from British colonial rule through military dictatorship to the present day, Cheesman calls upon political and legal theory to explain how and why institutions animated by a concern for law and order oppose the rule of law. Empirically grounded in both Burmese and English sources, including criminal trial records and wide ranging official documents, Opposing the Rule of Law offers the first significant study of courts in contemporary Myanmar. It sheds new light on the politics of courts during dark times and sharply illuminates the tension between the demand for law and the imperatives of order.
(source: Nielsen Book Data)

• How law and order opposes the rule of law
• Ordering law in the colony
• Reordering law in the postcolony
• Subsuming law to order
• Embodying the law and order ideal
• Performing order, making money
• Through disorder, law and order
• Speaking up for the rule of law
• Against quietude.

The rule of law is a political ideal today endorsed and promoted worldwide. Or is it? In a significant contribution to the field, Nick Cheesman argues that Myanmar is a country in which the rule of law is 'lexically present but semantically absent'. Charting ideas and practices from British colonial rule through military dictatorship to the present day, Cheesman calls upon political and legal theory to explain how and why institutions animated by a concern for law and order oppose the rule of law. Empirically grounded in both Burmese and English sources, including criminal trial records and wide ranging official documents, Opposing the Rule of Law offers the first significant study of courts in contemporary Myanmar. It sheds new light on the politics of courts during dark times and sharply illuminates the tension between the demand for law and the imperatives of order.
(source: Nielsen Book Data)

• Introduction
• 1. How law and order opposes the rule of law
• 2. Ordering law in the colony
• 3. Reordering law in the postcolony
• 4. Subsuming law to order
• 5. Embodying the law and order ideal
• 6. Performing order, making money
• 7. Through disorder, law and order
• 8. Speaking up for the rule of law
• 9. Against quietude
• Glossary
• Bibliography
• Index.
• (source: Nielsen Book Data)

The rule of law is a political ideal today endorsed and promoted worldwide. Or is it? In a significant contribution to the field, Nick Cheesman argues that Myanmar is a country in which the rule of law is 'lexically present but semantically absent'. Charting ideas and practices from British colonial rule through military dictatorship to the present day, Cheesman calls upon political and legal theory to explain how and why institutions animated by a concern for law and order oppose the rule of law. Empirically grounded in both Burmese and English sources, including criminal trial records and wide ranging official documents, Opposing the Rule of Law offers the first significant study of courts in contemporary Myanmar. It sheds new light on the politics of courts during dark times and sharply illuminates the tension between the demand for law and the imperatives of order.
(source: Nielsen Book Data)

• Overview. The Companies Act. Foreign investment law. Company powers, duties and reporting requirements. Directors duties. Rights of shareholders. Insolvency/winding up. Economic activities which require approval. Banking and finance. Contract and Sale of Goods law. Setting up and operating a joint venture. Taxation. Labour and employment. Dispute resolution. Technology transfer and protection of intellectual property. Land. Import/export and customs procedures. Environmental. Shipping law.
• (source: Nielsen Book Data)

Myanmar is viewed by many as one of the emerging 'tiger economies'. The military junta has now opened up the country for foreign investors, many of whom are interested in assessing the situation, especially considering Myanmar's wealth of natural resources. A valuable title for in-house counsel and business development managers in corporations world-wide looking to invest in new Asian markets.
(source: Nielsen Book Data)

• 1. Introducing Myanmar's 2008 Constitution I. Constitutional Context II. Constitutional Codification and the Constitutional Tribunal III. The Constitution in a Military-state IV. Organisation of the Book
• 2. The Origins and Content of the 2008 Constitution: An Overview I. Parliamentary Democracy and the 1947 Constitution II. Ne Win's 'Burmese' Socialism and the 1974 Constitution III. The Military and Constitution-making: 1990S-2000S IV. The Preamble and the Basic Principles of the Constitution V. Conclusion
• 3. The Military: The Pre-eminence of the Tatmadaw in Governance I. The Three Main National Causes II. The Commander-in-Chief III. Forces Affiliated with the Tatmadaw IV. The National Defence and Security Council V. States of Emergency VI. Tatmadaw Watchmen in the Legislature VII. Courts Martial VIII. Conclusion
• 4. The Electoral System and Limits on Political Participation I. Political Parties and Candidates II. The Right to Vote and Run for Office III. The Proposal for Proportional Representation IV. The Administration of Elections V. The Resolution of Electoral Disputes VI. Complaints Against Legislators: The Right to Recall VII. Conclusion
• 5. The Legislature I. The Union Legislature: A Tricameral System II. The Loyalties, Privileges and Responsibilities of Legislators III. The Scope of Legislative Power IV. Conclusion
• 6. The Executive I. The President as Head of the Union II. The Centralising Mandate of the Union Government III. Constitutional Commitments to a Market Economy IV. Aung San Suu Kyi and the Office of the State Counsellor V. The Administration of Union Territories VI. Conclusion
• 7. Subnational Governance, Federalism and Ethnic Recognition I. Territorial Representation: States and Regions II. Sub-national Legislative Representation of National Races III. Special Governance Arrangements for Six Areas IV. Conclusion
• 8. The Judiciary as an Administrative Institution I. The Union Supreme Court II. Sub-national Courts in a Unitary Judicial System III. The Constitutional Tribunal IV. Conclusion
• 9. Constitutional Duties and the Contingency of Rights I. The Status of International Law and Conventions II. The Pre-eminence of Duties III. Constitutional Writs in the Supreme Court IV. The National Human Rights Commission V. Conclusion
• 10. The Peace Process and Constitutional Change I. The Peace Process: Normalising Debates on Federalism II. The National Ceasefire Agreement: Peace in the Military-state III. The 37 Principles as Constitutional Foundation 6 IV. The Process and Procedure of Constitutional Amendment V. Proposals for Constitutional Reform VI. Conclusion
• 11. Conclusion I. The Centrality of the Constitution to the Military-state II. Implications for Comparative Constitutional Inquiry.
• (source: Nielsen Book Data)

This timely and accessible book is the first to provide a thorough analysis of the 2008 Constitution of Myanmar (Burma) in its historical, political and social context. The book identifies and articulates the principles of the Constitution through an in-depth analysis of legal and political processes and practises, particularly since the 1990s. The core argument of this book is that the 2008 Constitution is crucial to the establishment and maintenance of the military-state. The military-state promotes the leadership role of the military in governance based on a set of ideological commitments and a centralised form of organisation based on the concept of the Union. The book develops this argument by demonstrating how the process of constitution-making and the substance of the 2008 Constitution contribute to its lack of credibility and fuel demands for reform. The vision offered by the 2008 Constitution and its associated institutions has been the subject of fierce contestation, not least, for example, due to concerns over the militarisation of the state. This book is animated by debates over fundamental ideas such as the nature of democracy, the possibility of peace and federalism, the relationship between the executive and the legislature, relations between the Union government and sub-national governments, debates over judicial independence and the oversized role of the Tatmadaw (armed forces). Central to the future of the Constitution and the military-state is the role of the Tatmadaw, which will be a key determinant in any potential shift from the present highly centralised, partly-democratic Union to a federal or decentralised democratic system of governance.
(source: Nielsen Book Data)

• Introducing Myanmar's 2008 Constitution
• The origins and content of the 2008 Constitution : an overview
• The military : the pre-eminence of the Tatmadaw in governance
• The electoral system and limits on political participation
• The legislature
• The executive
• Subnational governance, federalism and ethnic recognition
• The judiciary as an administrative institution
• Constitutional duties and the contingency of rights
• The peace process and constitutional change
• Conclusion

This timely and accessible book is the first to provide a thorough analysis of the 2008 Constitution of Myanmar (Burma) in its historical, political and social context. The book identifies and articulates the principles of the Constitution through an in-depth analysis of legal and political processes and practises, particularly since the 1990s. The core argument of this book is that the 2008 Constitution is crucial to the establishment and maintenance of the military-state. The military-state promotes the leadership role of the military in governance based on a set of ideological commitments and a centralised form of organisation based on the concept of the Union. The book develops this argument by demonstrating how the process of constitution-making and the substance of the 2008 Constitution contribute to its lack of credibility and fuel demands for reform. The vision offered by the 2008 Constitution and its associated institutions has been the subject of fierce contestation, not least, for example, due to concerns over the militarisation of the state. This book is animated by debates over fundamental ideas such as the nature of democracy, the possibility of peace and federalism, the relationship between the executive and the legislature, relations between the Union government and sub-national governments, debates over judicial independence and the oversized role of the Tatmadaw (armed forces). Central to the future of the Constitution and the military-state is the role of the Tatmadaw, which will be a key determinant in any potential shift from the present highly centralised, partly-democratic Union to a federal or decentralised democratic system of governance.
(source: Nielsen Book Data)

• Myanmar's Muslim mosaic and the politics of belonging / Melissa Crouch
• Reconstructing trajectories of Islam in British Burma / Stephen Keck
• Personal law and colonial legacy : state-religion relations and Islamic law in Myanmar / Melissa Crouch
• Muslim political activity in transitional Myanmar / Nicholas Farrelly
• Houses of Islam : Muslims, property rights, and the state in Myanmar / Judith Beyer
• Muslim women's education in Myanmar / Phyu Phyu Oo
• Islamophobia in Buddhist Myanmar : the 969 movement and anti-Muslim violence / Nyi Nyi Kyaw
• New technologies, established practices : developing narratives of Muslim threat in Myanmar / Matt Schissler
• Making the Muslim other in Myanmar and Sri Lanka / Benjamin Schonthal
• The global and regional dynamics of humanitarian aid in Rakhine State / Alistair D.B. Cook
• Myanmar's Muslims, what do we now know? / Clark B. Lombardi.

This volume explores the relation between Islam and the state in Buddhist-majority Myanmar from both an empirical and a comparative perspective. It provides an informed response to contemporary issues facing the Muslim communities of Myanmar, furthering knowledge of the interaction between state institutions, government policies, and society past and the present. The book provides scholarly insights into the politics of belonging for Muslims in Myanmar while emphasizing the inherent diversity within and among Muslim communities. It brings together perspectives from experts of a diverse array of disciplines-religious studies, international relations, political science, history, Islamic studies, law, and anthropology. Focusing on the themes of colonialism and the state, the everyday experiences of Muslims, and the challenges of violence and security, this volume comes at a timely juncture in Myanmar's history. This book is essential reading for scholars and students studying Islam in the region.
(source: Nielsen Book Data)

• Buddhist law in Burma
• Before the law : traces of dhammasattha in Buddhist legal and textual culture, c. 1250-1600
• Dhammavilāsa : legal text and cosmology in the early seventeenth century
• Manusāra : history, jurisdiction, authorship
• Dhammasattha and its discontents, 1681-c.1850
• Conclusion : Sakka's thunderbolt.

Burma and neighboring areas of Southeast Asia comprise the only region of the world to have developed a written corpus of Buddhist law claiming jurisdiction over all members of society. Yet in contrast with the extensive scholarship on Islamic and Hindu law, this tradition of Buddhist law has been largely overlooked. In fact, it is commonplace to read that Buddhism gave rise to no law aside from the vinaya, or monastic law. In Buddhist Law in Burma, D. Christian Lammerts upends this misperception and provides an intellectual and literary history of the dynamic jurisprudence of the dhammasattha legal genre between the thirteenth and nineteenth centuries. Based on a critical study of hundreds of little-known surviving dhammasattha and related manuscripts, Buddhist Law in Burma demonstrates the centrality of law as a crucial discipline of Buddhist knowledge in precolonial Southeast Asia. Composed by lay and monastic jurists in prose and verse, in Pali, Burmese, and other regional vernaculars, dhammasattha were intended for use by judges to guide the adjudication of legal disputes. Lammerts argues that there were multiple, sometimes contentious, modes of reckoning Buddhist jurisprudence and legal authority in the region and assesses these in the context of local cultural, textual, and ritual practices. Over time the foundational jurisprudence of the genre underwent considerable reformulation in light of arguments raised by its critics, bibliographers, and historians, resulting in a reorientation from a cosmological to a more positivist conception of Buddhist law and legislation that had far-reaching implications for innovative forms of dhammasattha-related discourse on the eve of British colonialism. Buddhist Law in Burma shows how, despite such textual and theoretical transformations, late precolonial Burmese jurists continued to promote and justify the dhammasattha genre, and the role of law generally in Buddhism, as a vital aspect of the ongoing effort to protect and preserve the sasana of Gotama Buddha. The book will be of value to students and scholars interested in the rich legal, intellectual, and cultural histories of Buddhism in Burma and Southeast Asia, or in the historical intersections of law and Buddhism.
(source: Nielsen Book Data)

• 1. Introduction
• 2. Between universals and particulars: rule of law as a travelling model
• 3. Rule of law intermediaries: who, what, when?
• 4. Rule of law assistance: actors and technologies
• 5. The emergence of intermediaries
• 6. Intermediaries: background, capital, motivations
• 7. Intermediaries as trust builders
• 8. Intermediaries as translators
• 9. Intermediaries' influence, foreign actors' dependence.
• (source: Nielsen Book Data)

Scholars puzzle over the conditions that make rule of law development in authoritarian settings successful. In this significant contribution, focusing on the decade of Myanmar's political transformation, Kristina Simion explores rule of law assistance through the practice and experience of intermediaries, their capital, strategies and challenges. How do intermediaries influence the field, and the ways in which the rule of law is brokered transnationally? And why do they matter? Simion relates her research to law and sociology to bring to light these neglected players, focusing on who they are, the influence they have, their double agency and their crucial importance in establishing trust and translating rule of law. Relying on rich empirical data collected in Myanmar, the book shares the voices of the individuals that help to steer societal change within authoritarian confines. This socio-legal work offers some insights into why rule of law change in authoritarian settings often does not go expected ways, one of the development field's long unresolved issues.
(source: Nielsen Book Data)

"Contains cases determined by the Supreme Court and the High Court, and Jan. 1948-Apr. 1949 by the High Court of Judicature at Rangoon."

• Seeking constitutional settlement in Myanmar / Janelle Saffin
• Rule of law concepts in Burma's constitutions and actual practice : no ground for optimism / Myint Zan
• A second Panglong Agreement : Burmese federalism for the twenty-first century / David C. Williams
• Irresistible forces and immovable objects : constitutional change in Myanmar / Andrew Harding
• The 2008 Constitution : the evolution of leadership / Priscilla Clapp
• Contesting the rules : Myanmar's 2015 election and electoral integrity / Bridget Welsh
• Achieving "genuine federalism"? : Myanmar's inexorable path towards constitutional devolution and decentralised governance / Marcus Brand
• The everyday emergency : between the Constitution and the Code of Criminal Procedure in Myanmar / Melissa Crouch
• How the Constitutional Tribunal's jurisprudence sparked a crisis / Dominic Jerry Nardi, Jr.
• Judicial power and the Constitutional Tribunal : some suggestions for better legislation relating to the Tribunal and its role / Khin Khin Oo
• Human rights under the new regime / Catherine Renshaw
• The legal profession and the substantive rule of law in Myanmar / Janelle Saffin and Nathan Willis
• Editorial note : the debate concerning Section 59(f) of Myanmar's 2008 Constitution : a Gordian knot of rule of law, democracy and the application of problematical constitutional provisions / Andrew Harding.

Myanmar's Constitution of 2008 was the 'road map' for the reform process that began in 2011. Despite extensive criticism of this Constitution for its emphasis on the role of the military, much progress has been made towards constitutional government and law reform. With the election of the opposition NLD to government in the general election of November 2015 and the presidential electoral college election of March 2016, now is the time to consider the Constitution, and prospects and needs for constitutional change as Myanmar moves towards democracy and the rule of law. Much has been made of the Constitution's rigidity, which is seen as an obstacle to reform and inconsistent with embracing the rule of law, human rights and multi-party democracy, especially with a rapidly transforming state and society. Nonetheless, the Constitution is also seen as having potential to be a very positive force for reform. Many issues arise now for constitutionalism and constitutional change: presidency; federalism and territorial governance; the status of minorities and freedom of religion; civil liberties in what is described as a 'discipline-flourishing democracy'; the courts, justice and the rule of law; the electoral system; and many more. This book is an attempt to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.
(source: Nielsen Book Data)