The Palimpsest Constitution : the social life of constitutions in Myanmar / Melissa Crouch.

Format:

Book

Author/Creator:

Crouch, Melissa, author.

Series:

Oxford studies in Asian laws.

Oxford scholarship online.

Oxford studies in Asian laws

Oxford scholarship online

Language:

English

Subjects (All):

Constitutional history--Burma.

Constitutional history.

Burma--Politics and government--1948-.

Burma.

Burma--Social conditions.

Physical Description:

1 online resource (509 pages)

Edition:

1st ed.

Place of Publication:

Oxford : Oxford University Press, [2025]

Summary:

This text explores the significance of past constitutions in Myanmar through constitutional ethnography and archival research. By tracing Myanmar's modern constitutional history, it demonstrates how people draw upon constitutional legacies from the late colonial era to the postcolonial, socialist, and military constitutional regimes.

Contents:

Cover

Half Title

Series

Title Page

Copyright Page

Acknowledgements

Contents

Figures

Maps

Abbreviations

Note to the Reader: Terms and Names

1 Introduction

Before the Military Coup

After the Military Coup

The Everyday Legacies of Constitutional Law: The Social Life of Constitutions

The Palimpsest Constitution: Accounting for Tragedy in an Era of Constitution-making Optimism

Constitutionalism in the Post-colony: The Case of Burma/Myanmar

Constitutions in Societies: On Constitutional Ethnography

Following the Living Archives: An Overview

Part I The Palimpsest Constitution under Colonial Rule

2 Laying the Foundations of Constitutional Legacies: War, Occupation, and Law

Colonial Constitutionalism after War

Constitutional Reform for Burma

The Right to Draft a Constitution Denied: The Purpose of the Burma Round Table Conference

Safeguards for the Governor: The Outcome of the Burma Round Table Conference

3 Resisting the Legacies of Imposed Constitution-making: Codification, Martial Law, and Executive Safeguards

Echoes of Bentham's Constitutional Code

A Constitutional Code as Guardian for the Governor

Licence to Shoot on Sight: The Administration of Emergency under Section 144

Constitutional Safeguards for the Sovereign: The Life of Section 139

Part II The Palimpsest Constitution in the Post-colony

4 Subverting Colonial Constitutional Legacies: Independence, Democracy, and a Coup

Postcolonial Constitution-making

Constitutional Design as State-building

Social Transformation, People's Rights, and State Duties

The Rise of the Military and Martial Law

The Military's Mythical Caretaker Government

5 Contesting the Postcolonial Constitution: Religion, Federalism, and Anti-constitutional Crimes.

Civil-Military Politics of Constitutional Amendment

Anti-constitutional Crimes

Alternative Constitution-making: The Federal Proposal

A Short-term Victory for Buddhism, Long-term Victory for the Military

6 Rejecting the Postcolonial Constitution: Socialist Legality, the Party, and People's Duties

Building a New Socialist State through Constitution-making

Centralising Power in the Socialist State

Citizens' Duties to the State

Bureaucrats as Agents of Socialist Legality

Protecting the Constitution and the Party

7 Scripting New Constitutional Legacies: Military Constitution-makers, Resistance, and Reform

A Modern Constitution for the Military

Constitution-making as Resistance to Military Rule

The National Convention as Constitutional Panopticon, 1993-2007

The Military's Constitution

A New Constitution for Myanmar: Ko Ni's Calls for Reform

Part III The Palimpsest Constitution between the Military and the Courts

8 Coopting the Legacy of the Writs: The Supreme Court, Rights, and Judicial Independence

Courts as Constraints on the Leviathan: The Case of Maung Pyu

Writs as Judicial Weapons: The Case of Tinsa Maw Naing

Legacies of Judicial Independence in a Casebook

The Many Lives of the Writs: Writs Present, Rights Past

The Curious Life of Quo Warranto

9 Repurposing Legacies of Judicial Review: The Constitutional Tribunal, the Military, and the Coup

The Enigmatic Legacies of Constitutional Review

Military Capture of Constitutional Review

The Controversy over Kelsen

Defending the Constitutional Tribunal's Mandate

Debating Constitutional Reform under Military Surveillance

Interpreting the Constitution Post-coup

10 Conclusion

Constitutions as a Resource: Myanmar Post-2021

Alternative Constitution-making as Resistance: The Federal Democracy Charter.

Constitutions as a Social Phenomenon

The Ambivalent Power of Constitutional Legacies

Constitutions beyond the Civilian State

Epilogue

Appendix 1 Constitutional Ethnography

Ethnographic Fieldwork in Authoritarian Regimes

Historical Anthropology and the Living Archives

Ethnographic Engagement with Texts in Authoritarian Regimes

Writing Legal Ethnography

Appendix 2 List of Characters

Notes

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Chapter 6

Chapter 7

Chapter 8

Chapter 9

Chapter 10

Appendix 1

Index.

Notes:

Includes bibliographical references and index.

Description based on online resource and publisher information; title from PDF title page (viewed on September 3, 2025).

ISBN:

0-19-895691-6

0-19-895689-4

9780198956891

OCLC:

1545123160