According
to the SPDC’s 2008 constitution, the 2010 elections will
seat a bi-cameral legislature, who will elect a President as head
of state. While the illusion of a democratic presidential system
with three branches of government is conveyed, a closer look at
the government structure described in the constitution reveals
that the military still has a central role in both the legislative
and executive branches on both the federal and regional level,
and there are only token checks and balances in place between
the legislative, executive, and judicial branches of government.
LEGISLATIVE
BRANCH
The
National Parliament (Pyidaungsu Hluttaw)
The
National Parliament consists of two Assemblies or Hluttaws:
The
People’s Assembly (Pyithu Hluttaw) consists of 440 representatives
who serve five-year terms.
•
330 representatives are elected on the basis of township and population.
• 110 representatives are Defense Services personnel appointed
by the Defense Services Commander-in-Chief.
The
National Assembly (Amyotha Hluttaw) consists of 224 representatives
who serve five-year terms.
•
168 representatives are elected by each State or Division –
12 from each, including one representative from the one Self-Administered
Division and five Self-Administered Zones.
• 56 representatives are Defense Services personnel appointed
by the Defense Services Commander-in-Chief.
Division
and State Parliaments
The
unicameral Division and State Parliaments are comprised of the
following:
•
Two representatives elected from each township in the Divisions
or the States, who serve five-year terms;
• Representatives serving five-year terms elected from each
national race constituting 0.1% or more of the national population
that are not allocated a Division/State or a Self-Administered
Zone/Region in the Division/State in question.
• Defense Services personnel nominated by the Defense Services
Commander-in-Chief to comprise up to 25% of the total number of
elected representatives.
EXECUTIVE
BRANCH
The
Presidency
The
Presidency consists of one President and two Vice-Presidents,
elected by the Presidential Electoral College.
The
President and the Vice-Presidents serve five-year terms.
The
Presidential Electoral College is composed of three groups from
the National Parliament:
•
The 330 elected representatives from the People’s Assembly;
• The 168 elected representatives from the National Assembly;
and
• The 166 appointed Defense Services personnel from both
Assemblies.
Each
group elects a Vice-President. Then the entire National Parliament
elects the President from among the three Vice-Presidents.
Presidential
responsibilities include:
•
Appointing Union Ministers including the Chief Ministers of the
States and Divisions;
• Granting pardons and granting amnesty based on the recommendations
of the NDSC;
• Appointing diplomats;
• Establishing relations with foreign countries;
• Entering into international treaties subject to the consent
of the National Parliament;
• Calling special sessions of parliament;
• Issuing laws between sessions of parliament;
• Taking military action in coordination with the NDSC;
and
• Declaring war with the approval of the National Parliament.
The
Ministries
The
President appoints Union Ministers. However, the constitution
dictates that the President must obtain a “list of suitable
Defense Services personnel” from the Defense Services Commander-in-Chief
for the following ministries:
•
Minister of Defense
• Minister of Home Affairs
• Minister of Border Affairs
The
Defense Services
The
supreme head of the military is the Defense Services Commander-in-Chief.
The President appoints the Defense Services Commander-in-Chief
with the proposal and approval of the National Defense and Security
Council. However, as the 11-member Council is comprised of at
least six Defense Service personnel, the appointment of the Commander-in-Chief
is likely to be a mere rubber-stamp.
The
National Defense and Security Council
The
National Defense and Security Council is comprised of the following
persons:
(a)
The President;
(b) Vice-President;
(c) Vice-President;
(d) Speaker of the People’s Assembly;
(e) Speaker of the National Assembly;
(f) Commander-in-Chief of the Defense Services;
(g) Deputy Commander-in-Chief of the Defense Services;
(h) Minister for Defense;
(i) Minister for Foreign Affairs;
(j) Minister for Home Affairs;
(k) Minister for Border Affairs.
The
constitution does not define the day-to-day role of the National
Defense and Security Council. However, the Council takes a lead
role in a State of Emergency, wherein it exercises the powers
of the legislature, executive, and judiciary before the Parliaments
are again formed. Of the total number, four persons will be appointed
by the Commander-in-Chief of the Defense Services and one Vice-President
chosen by Defense Services personnel, making it likely that at
least six members of the Defense Services will sit on the NDSC.
THE
JUDICIARY
The
Supreme Court
The
Supreme Court is comprised of seven to 11 members, including the
Chief Justice.
The
President has the authority to appoint the Chief Justice of the
Supreme Court, and then in coordination with the Chief Justice,
appoint the remaining Justices. While the National Parliament
must ratify the President’s selections, they have “no
right to refuse” unless it can clearly prove that the President’s
choice does not meet the constitutional requirements prescribed.
On
the Supreme Court, judges must be 50 or older and must retire
at age 70.
State
and Division High Courts
State
and Regional High Courts are comprised of three to seven members.
The
President, in co-ordination with the Chief Justice of the Supreme
Court and the Chief Minister of the Division or State concerned,
nominates the Chief Justice of the High Court of the Division
or State.
The
Chief Minister of the Division or State concerned, in co-ordination
with the Chief Justice of the Supreme Court nominates Judges of
the High Court of the Division or State.
In
both cases, the Division or State Parliaments must ratify the
President’s selections, they have “no right to refuse”
unless it can clearly prove that the President’s nominee
does not meet the constitutional requirements prescribed.
The
Division and State High Courts have the authority over courts
at the District; Self-Administered Division and Zone; and Township
level.
Judges
serving on the State/Division high courts must be older than 45
and must retire at age 65.
The
Constitutional Tribunal of the Union
The
Constitutional Tribunal rules on constitutional questions and
is comprised of nine members, three chosen by the President and
the three chosen by the Speakers of the People’s Assembly
and National Assembly respectively.