Content area
Full Text
Introduction: The Constitutional Roots of Myanmar's By-Elections
If not for the unique features of Myanmar's 2008 Constitution there would not have been any by-election of the sort that engrossed Myanmar's polity and much of the West as well as Asia in April 2012.
Myanmar's third constitution in six decades is controversial as it has been seen by the military's detractors and the advocates of liberal democracy as codifying military control over the political process and extending its dominance over state and society.1 Nevertheless, it was overwhelmingly endorsed at the national referendum in May 2008 despite a "vote no" campaign by its opponents.2 Having secured 92.5 per cent of the votes (98.1 per cent turnout), the Constitution of the Republic of the Union of Myanmar popularly known as the 2008 Constitution was promulgated by the ruling State Peace and Development Council (SPDC) on 29 May 2008, paving the way for the multi-party general elections under the supervision of the SPDC-appointed Union Election Commission (UEC).
However, in this Constitution, it is stipulated in article 232(i), that "if the Union Minister is a representative of a Hluttaw (i.e. MP or member of parliament), it shall be deemed that he has resigned from the day he is appointed as a Union Minister".3 The same stipulation applies to the person appointed as deputy minister and as attorney-general according to article 234(f) and 237(f) respectively.4 In the case of the chairman and the member of the Election Commission the Constitution's article 398(b)(8) states that the appointee "shall not be a Hluttaw representative".5
The general elections held on 7 November 2010 brought into power a civilian government formed by President U Thein Sein who was the chairman of the Union Solidarity and Development Party (USDP) which captured nearly 79 per cent of the Lower House (Pyithu Hluttaw) constituencies and some 77 per cent of the Upper House (Amyotha Hluttaw) seats. It also won around 75 per cent of the contested seats in the fourteen provincial assemblies (Region and State Hluttaw).6 On the other hand, the National League for Democracy (NLD), which refused to recognize the Constitution and which had convincingly won the May 1990 general election was absent as it refused to re-register as a political party under the revised election laws...