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Legislative Structure and essence of future state (12)

Regarding the making of laws for the Self-Administered Division and Self-Administered Zones, a basic principle has adopted that “The State Legislative Power is vested in the Pyidaungsu Hluttaw, and the Region or State Hluttaw. The Legislative Power prescribed by the State Constitution is vested in the Self-Administered Areas”. Based on this principle, a detailed basic principle has been adopted that ‘The Self-Administered Division and the Self- Administered Zones consist of Self-Administered Division Leading Body and Self-Administered Zone Leading Bodies. These leading bodies exercise the legislative power entrusted by the State Constitution”.

It’s important that the powers vested in the leading bodies that are the legislative bodies of the self-administered areas shall be manageable legislative powers. So, the National Convention has adopted a detailed basic principle “Self-administered division or self-administered zone leading bodies are vested with the legislative power relevant to the following matters for their respective division or zones:

(a) Town and village plan,

(b) Construction, repair and maintenance of roads and bridges,

(c) Public health,

(d) Development affairs,

(e) Fire prevention,

(f) Pasture,

(g) Forest protection and conservation,

(h) Environmental conservation in accord with the law enacted by the Pyidaungsu,

(i) Water and electricity supply in towns and villages, and

(j) Town and village markets”.

The Self-Administered Division Leading Body or the Self-Administered Zone Leading Bodies have the rights to enact laws concerning the matters the State Constitution bestows. So, they have to enact necessary laws in these matters for the development of their areas. Besides, they will have to follow the laws enacted by the Pyithu Hluttaw, the Amyotha Hluttaw, the Pyidaungsu Hluttaw and the Region or State Hluttaw.

It’s indeed the essence of democracy for the sharing of legislative power. Even though the Self- Administered Division and Self-Administered Zones do not have the rights to enact laws as regards the matters with which the Central body and the Regions or States have the rights to deal, they will have the rights to handle these matters in accord with the laws enacted by the Central and the Region or State concerned.

Similarly, the Division or State Hluttaw will be able to implement the matters included in the Region or State Legislative List after enacting necessary laws division or state-wise. Moreover, they will also have the rights in accordance with the laws enacted by the Pyithu Hluttaw, the Amyotha Hluttaw and the Pyidaungsu Hluttaw. So, the Region or State Hluttaw will have to abide by the laws enacted by the Union level Hluttaws. And the Self-Administered Division and the Self-Administered Zones will have to follow the laws enacted by the Central and the Region or State Hluttaw. Such matters indicate that the National Convention has taken necessary measures to ensure smoothness and effectiveness in sharing legislative powers and in implementing the laws enacted.

The matters to vest the legislative power in the Self-Administered Division Leading Body and the Self-Administered Zone Leading Bodies are in reality the points respective division and zones can tackle conveniently.

Such matters concern the tasks to be implemented constantly in the interests of local people of respective areas. The matters are health, development affairs, clean water supply, and supply of electricity for towns and villages. As a matter of fact, these are based on environmental conservation, border areas development and rural development project the government is implementing.

That represents the essence of the sharing of legislative power with all the bodies from the central level to lowest levels. As a result, the self-administered division and the self-administered zones where the ethnic minorities live will have the rights to enact the laws that conform with their conditions and will be able to carry out tasks for their development. So, it’s apparent that the forthcoming Constitution formulated with the basic principles and detailed basic principles adopted by the Present National Convention is more fundamental with greater essence than in the past.

Because of globalization, events beyond imagination can occur at any place of the world at any moment. There may be important matters concerning the whole nation or other matters which requires enactment of a law for swift action. The nation and the people will have to suffer if there is a delay in addressing a problem that concerns the whole nation. There may be differences in enacting a law if the legislative power for the matters are distributed to the Region and State Hluttaws and the self-administered division and self-administered zones leading bodies. Hence, the legislative power in connection with the matters is vested in the Pyidaungsu Hluttaw, the highest legislative body of the nation.

Because of globalization, events beyond imagination can occur at any place of the world at any moment. There may be important matters concerning the whole nation or other matters which requires enactment of a law for swift action. The nation and the people will have to suffer if there is a delay in addressing a problem that concerns the whole nation. There may be differences in enacting a law if the legislative power for the matters are distributed to the Region and State Hluttaws and the self-administered division and self-administered zones leading bodies. Hence, the legislative power in connection with the matters is vested in the Pyidaungsu Hluttaw, the highest legislative body of the nation.

A detailed basic principle “Legislative power is vested in the Pyidaungsu Hluttaw in connection with other matters not stated in the legislative list of the Union, Region or State, and self-administered division or zone leading bodies” has been adopted by the National Convention regarding the sharing of the legislative power.

According to the already-laid-down basic principles if an area is designated as a Union territory, owing to its significant situation, it will not be under the direct administration of the Region or State concerned, instead, under the direct administration of the President. However, it also says that neither the President nor the Governing Council shall have the power to enact laws for the territory. The detailed basic principle says that the Union territory shall follow the law enacted by the Pyidaungsu Hluttaw. It is the essence of the reciprocal control, check and balance of the legislative and executive power.

The Union territories are directly under the laws of the Union and the administration of the President. So, the laws enacted by the Region or State concerned will not be in force in the Union territories.

As the legislative power to enact laws for the Union territories is vested in the Pyidaungsu Hluttaw, all the laws enacted by the Pyidaungsu Hluttaw will be in force in the Union territories. Similarly, Pyidaungsu Hluttaw will enact laws for the Union territories concerning the matters included in the legislative lists of the Region and State Hluttaws and selfadministered division and self-administered zone leading bodies.

It is the practice of considering the needs of the whole Union as well as the respective areas in an appropriate way, and the practice reflects the priority given to the interest of the nation and the people.

The legislative bodies will enact laws as may be necessary in accord with the aims and essence of the constitution.

The adopted detailed basic principles states “If any one of the provisions stipulated in a law enacted by the leading body of a self-administered zone is in contrast with any one of the stipulations contained in a law enacted by the respective region Hluttaw or state Hluttaw, adherence to the law must be in accord with the stipulations contained in the law enacted by the region Hluttaw of state Hluttaw” and similarly “If any one of the provisions stipulated in the law enacted by the region Hluttaw or state Hluttaw is in contrast with any one of the stipulations contained in a law enacted by the Pyidaungsu Hluttaw, observance of the law must be in accord with the stipulations contained in the law enacted by the Pyidaungsu Hluttaw.”

If any one of the provisions stipulated in a law enacted by Pyidaungsu Hluttaw, region Hluttaw or state Hluttaw or the leading body of a self-administered division or a self administered zone is in contrast with any one of the stipulations contained in the constitution, the constitution is the key, observance of the law must be in accord with the stipulations contained in it.

The detailed basic principle “The existing laws are still in force until they are revoked or amended by the Pyidaungsu Hluttaw, and unless they are in contrary to the Constitution” has already been adopted.

The adopted detailed basic principles concerning the matters are full with essence and in accord with democratic practices, I will explain them later.

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