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Legislative Structure and essence of future state (6)

The National Convention has already laid down the basic principle “The Legislative power of the State is distributed among the Pyidaungsu Hluttaw, region/state Hluttaws; Legislative power shall be distributed to self-administered areas as stipulated by the State Constitution”.

They are 11 sectors altogether — Defence and security sector, foreign affairs sector, finance and planning sector, economic sector, agricultural and livestock breeding sector, energy, electric power, mining and forestry sector, industrial sector, transport and communication sector, social sector, management sector and judicial sector.

Of the 11 sectors, the sectors — Defence and security sector, foreign affairs sector, and judicial sector — covering the whole nation are included exclusively on the Union legislative list.
Matters of vital importance for the nation should be exercised in uniformity. If the Region or State has different laws concerning the defence and security of the Union, there may occur difficulties, loopholes and weaknesses in the sector. The nation will not be able to form the most comprehensive and strong defence and security machinery. Thus, the sector is put on the Union legislative list. Likewise, laws concerning the foreign affairs sector and judicial sector should cover the entire nation to serve the nation and the people best. Thus, they are also put on the Union legislative list.

In most of the world nations, the legislative power concerning the defence is vested exclusively in the highest parliament formed with the representatives of the whole country to work for the national cause.

The matters included in the sector are
1. The defence of the Union of Myanmar and of its every part, and to prepare a defence programme thereof.

2. Defence and security industries

3. Arms and ammunition and explosives including biological and chemical weapons.

4. Nuclear energy, nuclear fuel and radiation, and mineral resources that produce them.

5. Declaration of war and making of peace.

6. Peace and stability of State and the rule of law.

7. Police Force
The National Convention has already laid down the basic principles in connection with the building of a strong, modern and sole existing Tatmadaw and the prohibition of the stationing of foreign troops on Myanmar soil. But we cannot build a strong and modern Tatmadaw in a short period. We will have to make preparations in advance. Hence, the detailed basic principles “The defence of the Union of Myanmar and of its every part, and to prepare a defence programme thereof” has been put on the Union legislative list to enact laws as may be necessary.

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The national defence and security are interrelated. The State will have to safeguard the nation against all alien intrusion and at the same time, it will have to ensue security for the lives and property of the people. Thus laws controlling the matter “Arms and ammunition and explosives Including biological and chemical weapons” should be enacted.
The State control is required for the correct use of nuclear energy, nuclear fuel and radiation, and mineral resources that produce them. Therefore the detailed basic principle “Nuclear energy, nuclear fuel and radiation, and mineral resources that produce them” has been put on the Union legislative list.
In fact, there needs to restore peace and stability and ensure prevalence of law and order in a nation for the development of that nation. So, the highest legislative bodies of respective nations have to enact such laws to ensure that the enforcement of law covers the whole nation.
That’s why the points on stability of the State, community peace and tranquillity, and prevalence of law and order are stipulated in the Union Legislative List.
Similarly, the Myanmar Police Force is a force responsible for ensuring stability of the State and prevalence of law and order. It’s also a reserve force to safeguard and defend the nation from any forms of dangers in times of emergency. And the functions of the Police Force are prescribed in the Union Legislative List to make the police services effective throughout the nation.

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The point prescribed in the Union Legislative List, are:

(1) Diplomats, consular affairs, and representatives of other affairs;

(2) United Nations Organization;

(3) Participation in international, regional and bilateral conferences, seminars, meetings, organizations and implementation of their resolutions;

(4) Signing of international, regional and bilateral agreements and conventions, and the implementation of them;

(5) Passports and Certificate of Identity;

(6) Entry visa, entry into the Union of Myanmar, stay permit, departure permit, immigration and deportation; and

(7) Extradition of criminals to the home country and request made therefrom.

Foreign affairs are very important and they need to be viewed overall to enact them into laws. So, the sector is prescribed in the Union Legislative List. In the constitutions of world nations, the legislative power on foreign affairs is vested in the highest body of legislation of the nation concerned.
The points about the judicial sector of the Union Legislative List are
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(1) Judiciary

(2) Lawyers

(3) Penal laws and procedures

(4) Civil laws, procedures including contract, arbitration, actionable wrong, insolvency, trust and trustees, administrator and receiver family law, guardians and wards, transfer of property and inheritance

(5) Evidence Act

(6) Limitation

(7) Suit valuation

(8) Specific relief

(9) foreign jurisdiction

(10) Admiralty jurisdiction

(11) Piracy, crimes committed in international waters or in air space, and crimes committed on land or in international waters or in air space in breach of the international law.

In some union nations, the laws on judiciary prescribed in one state are different from those in other states. Such nations have to solve the consequent problems as the unscrupulous persons exploit the judicial gap to serve their own interests.

That’s why the National Convention Convening Commission, the National Convention Convening Work Committee and National Convention delegates adopted the defence and security sector, foreign affairs sector, and judicial sector in the Union Legislative List in a thorough review about the historic events of world nations for ensuring the most appropriate constitution in the best interests of the State and the people.

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