History of the Constitutional Jurisdiction of Myanmar

In the 1947 Constitution, the Supreme Court decided upon constitutional disputes and interpreted the constitution (subject to article 151). In the 1974 Constitution, only the Pyithu Hluttaw (House of Representatives) had the power of interpretation (according to article 200 and 201).

The National Convention was held in 16th September, 1993. It agreed on 104 basic principles to be included in the formation of new constitution. All representatives in this Convention agreed to the following basic principles concerning with the establishment of a Constitutional Tribunal -

“A Constitutional Tribunal shall be set up to interpret the provisions of the Constitution, to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Regional Hluttaws, the State Hluttaws and functions of executive authorities of Pyidaungsu, Regions, States and Self-Administered Areas are in conformity with the Constitution. Its function is to decide on disputes relating to the Constitution between Pyidaungsu and Regions, between Pyidaungsu and States, among Regions, among States, and between Regions or States and Self-Administered Areas and among Self-Administered Areas themselves. Its role is to perform other duties prescribed in the Constitution,” as well.

In formulation the 2008 Constitution, the Commission drafted the following provisions regarding  the Constitutional Tribunal -

• the establishment of a Constitutional Tribunal “Chapter(1), Basic Principles of the Union” (article 46);

• the formation of a Tribunal, tenure, duties and functions, effect of decisions, submitting submissions, impeachment, “Chapter (6), Judicial”  (from article 320 to 326);