The sprawling 200 -page constitution, with 457 articles and five schedules,
was ‘adopted’ by the SPDC on 29 May 2008.
Distinct features of Burma’s new constitution
The Defence Services – continuing influence of the military
Burma’s 2008 constitution makes no pretence at being a ‘people’s constitution’.^17
Article 6 of the Constitution, which sets out the state’s ‘consistent objects’,
lists among these objects the ‘flourishing of a genuine,disciplinedmultiparty
democratic system’ (emphasis added).^18 Another key object is to enable the
Defence Services to ‘participate in the National political leadership of the State’.^19
Article 20 of the Constitution declares the Defence Services to be the ‘sole patriotic
defence force’^20 that ‘is mainly responsible for safeguarding the Constitution’.^21
Article 337 defines the Defence Services as ‘the main armed force’, while Article 338
provides that ‘all armed forces in the Union shall be under the command of the
Defence Services’, whose job is to take the ‘lead in safeguarding the Union against
all internal and external dangers’.
22
Beyond these broad powers, the Defence
Services are responsible for appointing a quarter of all members of the legislature
(see below). As almost all amendments to the Constitution require a more than
75 per cent majority, the military has a de facto veto on any change.
23
The legislative branch
The legislature consists of the Amyotha Hluttaw^24 or ‘House of Nationalities’,
which has 224 seats, and the Pyithu Hluttaw^25 or ‘House of Representatives’, with
440 seats. One-quarter of all the seats in both houses are filled by Defence
Services personnel, who are directly appointed by the Defence Services.^26
(^17) For criticisms and analyses of the new constitution, see Susanne Prager Nyein, ‘Expanding
military, shrinking citizenry and the new constitution in Burma’ ( 2009 ) 39 ( 4 )Journal
of Contemporary Asia 638 ; and Yash Ghai, ‘The 2008 Myanmar constitution: analysis
and assessment’, available atwww.burmalibrary.org/docs 6 / 2008 _Myanmarconstitution
analysis_and_assessment-Yash_Ghai.pdf, accessed 1 December 2011.
(^18) Constitution of the Republic of the Union of Burma 2008 (Constitution of Burma),
Art. 6 (d). Cf Constitution of Burma, Art. 7 , which provides that Burma ‘practices a
genuine, disciplined multi-party democratic system’.
(^19) Constitution of Burma, Art. 6 (f). (^20) Constitution of Burma, Art. 20 (a).
(^21) Constitution of Burma, Art. 20 (f). (^22) Constitution of Burma, Art. 339.
(^23) Constitution of Burma, Art. 436.
(^24) This legislative body comprises Hluttaw representatives elected in equal numbers from
the regions and states and Hluttaw representatives being Defence Services personnel
nominated by the commander-in-chief of the Defence Services. Cf Constitution of Burma,
Art. 74 (b).
(^25) This legislative body comprises Hluttaw representatives elected on the basis of township and
population and Hluttaw representatives who are Defence Services personnel nominated by
the commander-in-chief of the Defence Services. Cf Constitution of Burma, Art. 74 (a).
(^26) Constitution of Burma, Art. 74.