5.1 The Supreme Court of the Union

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; sections 18 and 22, the Union Judiciary Law 2010].


5.2 High Courts of the Region and High Courts of the State

A high court is established for every Region and the State of the Union [section 305, the 2008 Constitution]. Each High Court is headed by the Chief Justice of the High Court of the Region or the Chief Justice of the High Court of the State. There may be appointed from a minimum of three and a maximum of seven judges including the Chief Justice of the High Court [section 308 (a), the 2008 Constitution]. The President can appoint the Chief Justice and the Judges of the High Court, in co-ordination with the Chief Justice of the Union as well as the Chief Minister of the respective Region or State, after seeking approval from the respective Region or State 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 [section 308 (b), the 2008 Constitution].

Every High Court of the Region or State has jurisdictions to adjudicate on original case, appeal case, revision case and other matters prescribed by any law [section 308, the 2008 Constitution; section 38, the Union Judiciary Law 2010]. It has the appellate jurisdiction on the judgements, decrees and orders passed by all other subordinate courts [section 39, the Union Judiciary Law 2010]. It also has the power to supervise District Courts as well as Township Courts in the Region or the State and Court of the Self-Administered Division as well as Court of the Self-Administered Zone if there is Self-Administered Areas in the Region or State [section 314, the 2008 Constitution]. It further has the jurisdiction to transfer a case from a Court to itself or to any other Court within the respective Region or State [section 40, the Union Judiciary Law 2010]. It has unlimited jurisdiction to hear and decide both criminal and civil suits.

Read more about the High Courts of the Region and High Courts of the State, here.

5.3 District Courts, Courts of the Self-Administered Division and Courts of the Self-Administered Zone

District Courts, Courts of the Self-Administered Division, and Courts of the Self-Administered Zone have the jurisdiction to hear both criminal as well as civil cases, appeal cases, revision cases and other matters prescribed by any law [section 315, the 2008 Constitution; sections 53, 54 the Union Judiciary Law 2010]. The respective High Court of the Region or State supervises the appointment of Judges at this level of Courts [section 318(a), the 2008 Constitution]. Judges at this level are granted the right to try serious criminal cases and civil suits not exceeding 500 million Kyats under original jurisdiction.

5.4 Township Courts

Township Courts have the jurisdiction to try both criminal as well as civil cases and other matters prescribed by any law [section 316, the 2008 Constitution; section 56, the Union Judiciary Law 2010]. The respective High Court of the Region or State supervises the appointment of Judges at this level of Courts [section 318(a), the 2008 Constitution]. These levels of courts are mainly courts of original jurisdiction. Judges at this level can pass a sentence up to seven years imprisonment. They can try civil suits in which the amount in dispute or value of the subject matters is not exceeding 10 million kyats. They also exercise jurisdiction over juvenile cases.

Read more about Township Courts here.

5.5 Courts-Martial

The Courts-Martial are established under the 2008 Constitution in order to adjudicate Defence Services personnel [section 319, the 2008 Constitution].

5.6 The Constitutional Tribunal of the Union

The Constitutional Tribunal of the Union is formed with nine members, i.e., three members chosen by the President, three members chosen by the Speaker of the Pyithu Hluttaw and three members chosen by the Speaker of the Amyotha Hluttaw, and one member from among nine members to be assigned as the Chairperson [sections 320, 321, the 2008 Constitution]. It essential functions are to interpret the provisions under the Constitution, decide constitutional disputes in the Union and review whether the laws promulgated are in conformity with the Constitution [section 322, the 2008 Constitution]. The President can appoint the Chairperson and its members after seeking approval from Pyidaungsu Hluttaw which has no right to refuse the persons nominated by the President for the appointment unless it can clearly be proved that they are disqualified for the post [sections 327, 328, the 2008 Constitution].

The President, the Speaker of the Pyidaungsu Hluttaw, the Speaker of the Pyithu Hluttaw, the Speaker of the Amyotha Hluttaw, the Chief Justice of the Union and the Chairperson of the Union Election Commission have the right to submit any constitutional matter to the Constitutional Tribunal and seek for the interpretation, resolution and opinion [section 325, the 2008 Constitution]. Besides, the Chief Minister of the Region or State, the Speaker of the Region or State Hluttaw, the Chairperson of the Self-Administered Division Leading Body or the Self-Administered Zone Leading Body, and Representatives numbering at least ten percent of all the representatives of the Pyithu Hluttaw or the Amyotha Hluttaw may also have the right to submit constitutional matters to the Constitutional Tribunal in accordance with the prescribed procedures and obtain the interpretation, resolution and opinion [section 326, the 2008 Constitution]. A Court, which submits any case involving constitutional issue to the Constitutional Tribunal in accordance with the prescribed procedures for its opinion, has to stay the trial until it receives such a resolution. In addition, its resolution is final and conclusive [section 323, the 2008 Constitution].

5.7 Other Courts

There are also other courts with specific jurisdiction, namely, Juvenile Courts to try offences committed by minors, Municipal Courts to try municipal offences and Motor Vehicle Courts to try road traffic offences.

In term of hierarchy, Township Courts and other Courts are courts of first instance; District Courts, Courts of the Self-Administered Division, and Courts of the Self-Administered Zone are courts of first appeal; the High Courts of the Regions and the High Courts of the States are courts of second appeal; and the Supreme Court is the court of final appeal.[5]

For more about the Judicial System and Court Proceeding in Myanmar, please read.
Also read here.

6. Sources of Law

Sources of law in Myanmar comprise of constitutions, legislations, customary law and English common law. English common law rules, developed and adopted in Myanmar case law during the British occupation, are applied where there is absence of local legislation governing a particular matter before the Courts. Moreover, judges are granted discretionary power to decide the matter in accordance with justice, equity and good conscience in the absent of any applicable law.

Any law, rule, regulation or by-law passed by the Pyidaungsu Hluttaw and signed by the President or deemed to have been signed are published in the Myanma Naingngan Pyantan (Myanmar Gazette). The Gazette is published by the News and Periodicals Enterprise (NPE) under the Ministry of

Kết quả (Việt) 1:

5.1 tòa án tối cao của liên minh Tòa án tối cao là tòa án cao nhất của liên minh không ảnh hưởng đến thẩm quyền của tòa án Hiến pháp và Courts-Martial [phần 294, hiến pháp 2008]. Tòa án nằm ở Nay Pyi Taw và do Chánh án của liên minh. Có, có thể được bổ nhiệm làm từ tối thiểu là bảy và tối đa mười một thẩm phán của tòa án tối cao bao gồm cả chánh [phần 299 (a) và (b), hiến pháp 2008]. Tổng thống có thể bổ nhiệm thẩm phán trưởng và các thẩm phán của tòa án tối cao sau khi tìm kiếm sự chấp thuận của Pyidaungsu Hluttaw mà không có quyền từ chối những người đề cử tổng thống cho cuộc hẹn, trừ khi nó có thể rõ ràng được chứng minh rằng những người không đáp ứng những yêu cầu cho đăng bài [phần 299 (c) và (d), hiến pháp 2008]. 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; sections 18 and 22, the Union Judiciary Law 2010]. 5.2 High Courts of the Region and High Courts of the State A high court is established for every Region and the State of the Union [section 305, the 2008 Constitution]. Each High Court is headed by the Chief Justice of the High Court of the Region or the Chief Justice of the High Court of the State. There may be appointed from a minimum of three and a maximum of seven judges including the Chief Justice of the High Court [section 308 (a), the 2008 Constitution]. The President can appoint the Chief Justice and the Judges of the High Court, in co-ordination with the Chief Justice of the Union as well as the Chief Minister of the respective Region or State, after seeking approval from the respective Region or State 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 [section 308 (b), the 2008 Constitution]. Every High Court of the Region or State has jurisdictions to adjudicate on original case, appeal case, revision case and other matters prescribed by any law [section 308, the 2008 Constitution; section 38, the Union Judiciary Law 2010]. It has the appellate jurisdiction on the judgements, decrees and orders passed by all other subordinate courts [section 39, the Union Judiciary Law 2010]. It also has the power to supervise District Courts as well as Township Courts in the Region or the State and Court of the Self-Administered Division as well as Court of the Self-Administered Zone if there is Self-Administered Areas in the Region or State [section 314, the 2008 Constitution]. It further has the jurisdiction to transfer a case from a Court to itself or to any other Court within the respective Region or State [section 40, the Union Judiciary Law 2010]. It has unlimited jurisdiction to hear and decide both criminal and civil suits. Read more about the High Courts of the Region and High Courts of the State, here. 5.3 District Courts, Courts of the Self-Administered Division and Courts of the Self-Administered Zone District Courts, Courts of the Self-Administered Division, and Courts of the Self-Administered Zone have the jurisdiction to hear both criminal as well as civil cases, appeal cases, revision cases and other matters prescribed by any law [section 315, the 2008 Constitution; sections 53, 54 the Union Judiciary Law 2010]. The respective High Court of the Region or State supervises the appointment of Judges at this level of Courts [section 318(a), the 2008 Constitution]. Judges at this level are granted the right to try serious criminal cases and civil suits not exceeding 500 million Kyats under original jurisdiction. 5.4 Township Courts Township Courts have the jurisdiction to try both criminal as well as civil cases and other matters prescribed by any law [section 316, the 2008 Constitution; section 56, the Union Judiciary Law 2010]. The respective High Court of the Region or State supervises the appointment of Judges at this level of Courts [section 318(a), the 2008 Constitution]. These levels of courts are mainly courts of original jurisdiction. Judges at this level can pass a sentence up to seven years imprisonment. They can try civil suits in which the amount in dispute or value of the subject matters is not exceeding 10 million kyats. They also exercise jurisdiction over juvenile cases. Read more about Township Courts here. 5.5 Courts-Martial The Courts-Martial are established under the 2008 Constitution in order to adjudicate Defence Services personnel [section 319, the 2008 Constitution]. 5.6 The Constitutional Tribunal of the Union The Constitutional Tribunal of the Union is formed with nine members, i.e., three members chosen by the President, three members chosen by the Speaker of the Pyithu Hluttaw and three members chosen by the Speaker of the Amyotha Hluttaw, and one member from among nine members to be assigned as the Chairperson [sections 320, 321, the 2008 Constitution]. It essential functions are to interpret the provisions under the Constitution, decide constitutional disputes in the Union and review whether the laws promulgated are in conformity with the Constitution [section 322, the 2008 Constitution]. The President can appoint the Chairperson and its members after seeking approval from Pyidaungsu Hluttaw which has no right to refuse the persons nominated by the President for the appointment unless it can clearly be proved that they are disqualified for the post [sections 327, 328, the 2008 Constitution]. The President, the Speaker of the Pyidaungsu Hluttaw, the Speaker of the Pyithu Hluttaw, the Speaker of the Amyotha Hluttaw, the Chief Justice of the Union and the Chairperson of the Union Election Commission have the right to submit any constitutional matter to the Constitutional Tribunal and seek for the interpretation, resolution and opinion [section 325, the 2008 Constitution]. Besides, the Chief Minister of the Region or State, the Speaker of the Region or State Hluttaw, the Chairperson of the Self-Administered Division Leading Body or the Self-Administered Zone Leading Body, and Representatives numbering at least ten percent of all the representatives of the Pyithu Hluttaw or the Amyotha Hluttaw may also have the right to submit constitutional matters to the Constitutional Tribunal in accordance with the prescribed procedures and obtain the interpretation, resolution and opinion [section 326, the 2008 Constitution]. A Court, which submits any case involving constitutional issue to the Constitutional Tribunal in accordance with the prescribed procedures for its opinion, has to stay the trial until it receives such a resolution. In addition, its resolution is final and conclusive [section 323, the 2008 Constitution].
5.7 Other Courts

There are also other courts with specific jurisdiction, namely, Juvenile Courts to try offences committed by minors, Municipal Courts to try municipal offences and Motor Vehicle Courts to try road traffic offences.

In term of hierarchy, Township Courts and other Courts are courts of first instance; District Courts, Courts of the Self-Administered Division, and Courts of the Self-Administered Zone are courts of first appeal; the High Courts of the Regions and the High Courts of the States are courts of second appeal; and the Supreme Court is the court of final appeal.[5]

For more about the Judicial System and Court Proceeding in Myanmar, please read.
Also read here.

6. Sources of Law

Sources of law in Myanmar comprise of constitutions, legislations, customary law and English common law. English common law rules, developed and adopted in Myanmar case law during the British occupation, are applied where there is absence of local legislation governing a particular matter before the Courts. Moreover, judges are granted discretionary power to decide the matter in accordance with justice, equity and good conscience in the absent of any applicable law.

Any law, rule, regulation or by-law passed by the Pyidaungsu Hluttaw and signed by the President or deemed to have been signed are published in the Myanma Naingngan Pyantan (Myanmar Gazette). The Gazette is published by the News and Periodicals Enterprise (NPE) under the Ministry of