4.1 Legislative Process in the Pyid

4.1 Legislative Process in the Pyidaungsu Hluttaw

The Pyidaungsu Hluttaw has the power to enact laws for the entire or any part of the Union related to matters prescribed in Schedule One of the Union Legislative List [section 96, the 2008 Constitution]. Other matters not enumerated in the legislative list of the Union, Region or State and Self-Administered Division Leading Body or Self-Administered Zone Leading Body fall under the legislative power of the Pyidaungsu Hluttaw [section 98, the 2008 Constitution]. It can also enact laws relating to the Union territories when it is necessary [section 99, the 2008 Constitution].

Any union level executive body has the power to submit the bills relating to matters which they administered among the matters included in the Union Legislative List to the Pyidaungsu Hluttaw. However, bills relating to national plans, annual budgets and taxation are required to submit exclusively to the Pyidaungsu Hluttaw [section 100, the 2008 Constitution]. A bill submitted to the Pyidaungsu Hluttaw, except those under the exclusive legislative power of the Pyidaungsu Hluttaw, is still entitled to initiate and discuss at either the Pyithu Hluttaw or the Amyotha Hluttaw [section 101, the 2008 Constitution].

If a Bill initiated in the Pyithu Hluttaw or the Amyotha Hluttaw is approved by both Hluttaws, it shall be deemed that the Bill is approved by the Pyidaungsu Hluttaw. If there is a disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a Bill, the Bill shall be discussed and resolved in the Pyidaungsu Hluttaw [section 95, the 2008 Constitution].

A bill which is approved or deemed to be approved by the Pyidaungsu Hluttaw will then be sent to the President for his signature. He has to send the bill back to the Pyidaungsu Hluttaw with his signature or comments within 14 days. If he does not do so within the prescribed period, the bill can be promulgated on the next day after the completion of that period and thereby the bill will become a law [section 105, the 2008 Constitution]. When the President sends back the bill together with his comments within the prescribed period, the Pyidaungsu Hluttaw may accept his comment and resolve to amend the bill or to approve as it is without accepting his comments. In either case, the bill will be sent back to him for his signature. If the bill is not signed by the President within seven days, it will become law as if he had signed it on the last day of the prescribed period [section 106, the 2008 Constitution].

A bill signed by the President or deemed to have been signed will need to be published in the official gazette. Finally, the bill becomes a law on the day of publication itself, nevertheless, without prejudice to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect [section 107, the 2008 Constitution].

The Pyidaungsu Hluttaw also have the power to make resolution on matters relating to ratifying, annulling and revoking any international, regional or bilateral treaties; and may confer the authority to the President to conclude, annul and revoke any kind of said agreements without the approval from it [section 107, the 2008 Constitution].

4.2 Legislative Process in the Pyithu Hluttaw and the Amyotha Hluttaw

After the enactment of any rule, regulation, or by-law by the Pyidaungsu Hluttaw, the relevant executive body may distribute and submit the said legislation to its representatives of the Pyithu Hluttaw or the Amyotha Hluttaw and thereby representatives may move to annul or amend the said legislation within 90 days from the day of submission and distribution. If there is any disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw with regard to annul or amend any legislation, it shall be submitted to the Pyidaungsu Hluttaw [sections 137 and 157, the 2008 Constitution].

A Bill submitted by any Union level organization are deemed to be initiated in the Pyithu Hluttaw and discussed as well as resolved in the Pyithu Hluttaw if it is sent in accordance with the prescribed procedures of the Pyidaungsu Hluttaw [section 138 (a), the 2008 Constitution]. If a Bill submitted by any Union level organization is sent to the Amyotha Hluttaw in accordance with prescribed procedures of the Pyidaungsu Hluttaw, it shall be deemed that such Bill is initiated in the Amyotha Hluttaw and thus shall be discussed as well as resolved in the Amyotha Hluttaw [section 158 (a), the 2008 Constitution]. Bills relating to other matters, except the matters stated in the Schedule One of Union Legislative List where the Bill shall be submitted and passed exclusively by the Pyidaungsu Hluttaw, can be initiated in either the Pyithu Hluttaw or the Amyotha Hluttaw in accord with the prescribed procedures [section 136 and 156, the 2008 Constitution]. A bill passed by one house shall be sent to other house to continue to discuss and resolve it [sections 138 (c) and 158 (c), the 2008 Constitution].

After receiving a Bill sent to the other house, the house in which the bill is originated may resolve to agree or disagree, or agree with amendments and the bill shall be sent back to the other house together with its resolution. When the house in which the bill is originated accepts amendments made by the other house, and then send it to the Pyidaungsu Hluttaw. If there is any disagreement between two houses relating to a bill, it shall take the resolution of the Pyidaungsu Hluttaw [sections 139 and 159, the 2008 Constitution].

4.3 Legislative Process in the Region Hluttaw or State Hluttaw

Each of the fourteen major administrative regions and states has its own Hluttaw, namely, Region Hluttaw (Region Assembly) or State Hluttaw (State Assembly) [sections 49 and 161, the 2008 Constitution]. The Region or State Hluttaw have the power to enact laws for the entire or any part of the Region or State related to matters prescribed in Schedule Two of the Region or State Hluttaw Legislative List [section 188, the 2008 Constitution]. However, any legislation made by the Region or State Hluttaw has to be in conformity with the Constitution and the relevant Union law [section 89 (b), the 2008 Constitution].

4.4 Legislative Process in the Self-Administered Division and Self-Administered Zone Leading Bodies

Self-Administered Division or the Self-Administered Zone Leading Bodies are vested the legislative power relating to the matters listed in the Schedule Three for respective Divisions or Zones [section 196, the 2008 Constitution].

5. Judiciary

Courts of the Union are established under the 2008 Constitution and these include the Supreme Court of the Union, High Courts of the Region, High Courts of the State, Courts of the Self-Administered Division, Courts of the Self-Administered Zone, District Courts, Township Courts and the other Courts constituted by law; Courts-Martial; and Constitutional Tribunal of the Union [section 293, the 2008 Constitution]. On the 28th October 2010, the Union Judiciary Law [Hereinafter “The Union Judiciary Law 2010”] was enacted to implement judicial works of aforementioned courts in the present Judicial System [Preamble, The Union Judiciary Law 2010].

An informative presentation on the Judicial System and Court Proceedings in Myanmar can be found here.

5.1 The Supreme Court of the Union

The Supreme Court is the highest Court of the Union without prejudice to the jurisdiction of the Constitutional Tribunal and the Courts-Martial [section 294, the 2008 Constitution]. The Court is situated in Nay Pyi Taw and headed by the Chief Justice of the Union. There may be appointed from a minimum of seven and a maximum of eleven judges of the Supreme Court including the Chief Justice [sections 299 (a) and (b), the 2008 Constitution]. The President can appoint the Chief Justice and Judges of the Supreme Court after seeking approval from the Pyidaungsu Hluttaw which has no right to refuse the person nominated by the President for the appointment unless it can clearly be proved that the persons do not meet the qualifications for the post [sections 299 (c) and (d), the 2008 Constitution].

The Supreme Court has original jurisdiction in matters arising out of bilateral treaties concluded by the Union; in disputes, except the Constitutional problems, between the Union Government and the Region or State Governments, or among the Regions, among the States, between the Region and the State and between the Union Territory and the Region or the State; piracy and other offences committed at ground or international water or airspace by violating international law; and in other matters as prescribed by any law [section 295(a), the 2008 Constitution; section 11, the Union Judiciary Law 2010]. It has the appellate jurisdiction to decide judgments passed by the High Courts of the Regions or the States and judgments passed by the other courts in accord with the law [section 295(d), the 2008 Constitution; section 12, the Union Judiciary Law 2010]. It also has the revisionary power over any judgment or order passed by any subordinate court [section 295(e), the 2008 Constitution; section 13, the Union Judiciary Law 2010] and the jurisdiction on confirming death sentence as well as appeal against the death sentence [section 14, the Union Judiciary Law 2010]. It further has the Jurisdiction to transfer a case from a Court to itself or to any other Court [section 15, the Union Judiciary Law 2010]. It possesses the power to issue Writ of Habeas Corpus; Writ of Mandamus; Writ of Prohibition; Writ of Quo Warranto; and Writ of Certiorari. However, this power to issue writs is suspended in the areas where the state of emergency is declared [section 296, the 2008 Constitution; section 16, the Union Judiciary Law 2010]. The decisions of the Supreme Court are final as well as conclusive and thus it is the final court of appeal in the entire Union [section 295 (b) and (c), the 2008 Constitution; sectio

Kết quả (Việt) 1:

4.1 các quá trình lập pháp trong Pyidaungsu Hluttaw Pyidaungsu Hluttaw có sức mạnh để thực hiện pháp luật đối với toàn bộ hoặc bất kỳ phần nào của liên minh liên quan đến vấn đề quy định tại một lịch trình của danh sách lập pháp liên minh [phần 96, hiến pháp 2008]. Các vấn đề khác không được liệt kê trong danh sách lập pháp của liên minh, vùng hoặc tiểu bang và cơ thể dẫn tìm phân chia Self-Administered hay cơ thể dẫn tìm khu Self-Administered thuộc quyền lập pháp của Pyidaungsu Hluttaw [phần 98, hiến pháp 2008]. Nó cũng có thể ban hành pháp luật liên quan đến các vùng lãnh thổ liên minh khi nó là cần thiết [phần 99, hiến pháp 2008]. Bất kỳ cơ thể cấp điều hành liên minh có quyền gửi hóa đơn liên quan đến những vấn đề mà họ quản lý trong số các vấn đề bao gồm trong danh sách lập pháp liên minh để Pyidaungsu Hluttaw. Tuy nhiên, hóa đơn liên quan đến kế hoạch quốc gia, ngân sách hàng năm và thuế được yêu cầu để gửi độc quyền cho Pyidaungsu Hluttaw [phần 100, hiến pháp 2008]. Một dự luật gửi đến Pyidaungsu Hluttaw, ngoại trừ những người dưới quyền độc quyền lập pháp của Pyidaungsu Hluttaw, vẫn còn có quyền bắt đầu và thảo luận tại Pyithu Hluttaw hoặc Amyotha Hluttaw [phần 101, hiến pháp 2008]. Nếu một dự luật khởi xướng vào Pyithu Hluttaw hoặc Amyotha Hluttaw được chấp thuận bởi cả hai Hluttaws, nó sẽ được coi là các hóa đơn được chấp thuận bởi Pyidaungsu Hluttaw. Nếu không có sự bất đồng giữa Pyithu Hluttaw và Amyotha Hluttaw liên quan đến một dự luật, các hóa đơn sẽ được thảo luận và giải quyết trong Pyidaungsu Hluttaw [phần 95, hiến pháp 2008]. Một dự luật mà được chấp thuận hoặc xem xét và được chấp thuận bởi Pyidaungsu Hluttaw sau đó sẽ được gửi đến tổng thống cho chữ ký của ông. Ông đã gửi các hóa đơn về Pyidaungsu Hluttaw với chữ ký của mình hoặc ý kiến trong vòng 14 ngày. Nếu ông không làm như vậy trong thời hạn quy định, các hóa đơn có thể được ban hành ngày hôm sau sau khi hoàn thành thời gian đó và do đó các hóa đơn sẽ trở thành một luật [phần 105, hiến pháp 2008]. Khi Tổng thống sẽ gửi lại các hóa đơn cùng với ý kiến của mình trong thời hạn quy định, Pyidaungsu Hluttaw có thể chấp nhận bình luận của ông và giải quyết để sửa đổi các hóa đơn hoặc chấp nhận như là không có chấp nhận ý kiến của mình. Trong cả hai trường hợp, các hóa đơn sẽ được gửi trở lại với anh ta cho chữ ký của ông. Nếu các hóa đơn không được ký bởi Tổng thống trong vòng bảy ngày, nó sẽ trở thành luật như nếu ông đã đăng nó vào ngày cuối cùng của thời kỳ theo quy định [phần 106, hiến pháp 2008]. A bill signed by the President or deemed to have been signed will need to be published in the official gazette. Finally, the bill becomes a law on the day of publication itself, nevertheless, without prejudice to the power of Parliament to postpone the operation of any law or to make laws with retrospective effect [section 107, the 2008 Constitution]. The Pyidaungsu Hluttaw also have the power to make resolution on matters relating to ratifying, annulling and revoking any international, regional or bilateral treaties; and may confer the authority to the President to conclude, annul and revoke any kind of said agreements without the approval from it [section 107, the 2008 Constitution]. 4.2 Legislative Process in the Pyithu Hluttaw and the Amyotha Hluttaw After the enactment of any rule, regulation, or by-law by the Pyidaungsu Hluttaw, the relevant executive body may distribute and submit the said legislation to its representatives of the Pyithu Hluttaw or the Amyotha Hluttaw and thereby representatives may move to annul or amend the said legislation within 90 days from the day of submission and distribution. If there is any disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw with regard to annul or amend any legislation, it shall be submitted to the Pyidaungsu Hluttaw [sections 137 and 157, the 2008 Constitution]. A Bill submitted by any Union level organization are deemed to be initiated in the Pyithu Hluttaw and discussed as well as resolved in the Pyithu Hluttaw if it is sent in accordance with the prescribed procedures of the Pyidaungsu Hluttaw [section 138 (a), the 2008 Constitution]. If a Bill submitted by any Union level organization is sent to the Amyotha Hluttaw in accordance with prescribed procedures of the Pyidaungsu Hluttaw, it shall be deemed that such Bill is initiated in the Amyotha Hluttaw and thus shall be discussed as well as resolved in the Amyotha Hluttaw [section 158 (a), the 2008 Constitution]. Bills relating to other matters, except the matters stated in the Schedule One of Union Legislative List where the Bill shall be submitted and passed exclusively by the Pyidaungsu Hluttaw, can be initiated in either the Pyithu Hluttaw or the Amyotha Hluttaw in accord with the prescribed procedures [section 136 and 156, the 2008 Constitution]. A bill passed by one house shall be sent to other house to continue to discuss and resolve it [sections 138 (c) and 158 (c), the 2008 Constitution]. After receiving a Bill sent to the other house, the house in which the bill is originated may resolve to agree or disagree, or agree with amendments and the bill shall be sent back to the other house together with its resolution. When the house in which the bill is originated accepts amendments made by the other house, and then send it to the Pyidaungsu Hluttaw. If there is any disagreement between two houses relating to a bill, it shall take the resolution of the Pyidaungsu Hluttaw [sections 139 and 159, the 2008 Constitution].
4.3 Legislative Process in the Region Hluttaw or State Hluttaw

Each of the fourteen major administrative regions and states has its own Hluttaw, namely, Region Hluttaw (Region Assembly) or State Hluttaw (State Assembly) [sections 49 and 161, the 2008 Constitution]. The Region or State Hluttaw have the power to enact laws for the entire or any part of the Region or State related to matters prescribed in Schedule Two of the Region or State Hluttaw Legislative List [section 188, the 2008 Constitution]. However, any legislation made by the Region or State Hluttaw has to be in conformity with the Constitution and the relevant Union law [section 89 (b), the 2008 Constitution].

4.4 Legislative Process in the Self-Administered Division and Self-Administered Zone Leading Bodies

Self-Administered Division or the Self-Administered Zone Leading Bodies are vested the legislative power relating to the matters listed in the Schedule Three for respective Divisions or Zones [section 196, the 2008 Constitution].

5. Judiciary

Courts of the Union are established under the 2008 Constitution and these include the Supreme Court of the Union, High Courts of the Region, High Courts of the State, Courts of the Self-Administered Division, Courts of the Self-Administered Zone, District Courts, Township Courts and the other Courts constituted by law; Courts-Martial; and Constitutional Tribunal of the Union [section 293, the 2008 Constitution]. On the 28th October 2010, the Union Judiciary Law [Hereinafter “The Union Judiciary Law 2010”] was enacted to implement judicial works of aforementioned courts in the present Judicial System [Preamble, The Union Judiciary Law 2010].

An informative presentation on the Judicial System and Court Proceedings in Myanmar can be found here.

5.1 The Supreme Court of the Union

The Supreme Court is the highest Court of the Union without prejudice to the jurisdiction of the Constitutional Tribunal and the Courts-Martial [section 294, the 2008 Constitution]. The Court is situated in Nay Pyi Taw and headed by the Chief Justice of the Union. There may be appointed from a minimum of seven and a maximum of eleven judges of the Supreme Court including the Chief Justice [sections 299 (a) and (b), the 2008 Constitution]. The President can appoint the Chief Justice and Judges of the Supreme Court after seeking approval from the Pyidaungsu Hluttaw which has no right to refuse the person nominated by the President for the appointment unless it can clearly be proved that the persons do not meet the qualifications for the post [sections 299 (c) and (d), the 2008 Constitution].

The Supreme Court has original jurisdiction in matters arising out of bilateral treaties concluded by the Union; in disputes, except the Constitutional problems, between the Union Government and the Region or State Governments, or among the Regions, among the States, between the Region and the State and between the Union Territory and the Region or the State; piracy and other offences committed at ground or international water or airspace by violating international law; and in other matters as prescribed by any law [section 295(a), the 2008 Constitution; section 11, the Union Judiciary Law 2010]. It has the appellate jurisdiction to decide judgments passed by the High Courts of the Regions or the States and judgments passed by the other courts in accord with the law [section 295(d), the 2008 Constitution; section 12, the Union Judiciary Law 2010]. It also has the revisionary power over any judgment or order passed by any subordinate court [section 295(e), the 2008 Constitution; section 13, the Union Judiciary Law 2010] and the jurisdiction on confirming death sentence as well as appeal against the death sentence [section 14, the Union Judiciary Law 2010]. It further has the Jurisdiction to transfer a case from a Court to itself or to any other Court [section 15, the Union Judiciary Law 2010]. It possesses the power to issue Writ of Habeas Corpus; Writ of Mandamus; Writ of Prohibition; Writ of Quo Warranto; and Writ of Certiorari. However, this power to issue writs is suspended in the areas where the state of emergency is declared [section 296, the 2008 Constitution; section 16, the Union Judiciary Law 2010]. The decisions of the Supreme Court are final as well as conclusive and thus it is the final court of appeal in the entire Union [section 295 (b) and (c), the 2008 Constitution; sectio