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| Legislative structure and essence of future state | |||||||||||||||||||
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Regarding the legislation, one of the basic principles the National Convention has adopted said that the State’s legislative power is vested in the Pyidaungsu Hluttaw, Region Hluttaw and State Hluttaw. The legislative power prescribed by the State Constitution is vested in self-administered areas. |
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At the Hluttaw level, the Pyidaungsu Hluttaw is at the central level and it will be constituted with the Pyithu Hluttaw and the Amyotha Hluttaw. Moreover, there will be seven Region Hluttaws, seven State Hluttaws, one self-administered division leading body, and five self-administered zone leading bodies. |
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As far as I know, the legislative structure of the future state will be constituted with seven legislative bodies. They are: (1) °Pyidaungsu Hluttaw (2) °Pyithu Hluttaw (3) °Amyotha Hluttaw (4) °Region Hluttaw (5) °State Hluttaw (6) Self-administered Division Leading Body (7) Self-Administered Zone Leading Body. |
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Under the central level, there will be (1)the Pyidaungsu Hluttaw (the Pyithu Hluttaw and the Amyotha Hluttaw) (2)Region Hluttaws/State Hluttaws, and (3)Self-administered Division Leading Body/ Self-Administered Zone Leading Bodies. |
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The Pyithu Hluttaw is the Hluttaw that will be constituted with the Hluttaw members who are elected based on the population of the nation, and the Hluttaw members the Commander-in-Chief of Defence Services nominates in accord with the law. |
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The Amyotha Hluttaw is the Hluttaw that will be constituted with an equally fixed number of the Hluttaw members elected from each Region and State, and the Hluttaw members the Commander-in- Chief of Defence Services nominates in accord with the law. |
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The Pyithu Hluttaw (House of Representatives) is the Hluttaw elected based on the population, and the Amyotha Hluttaw (House of Nationalities) is the Hluttaw elected with an equally fixed number of the representatives from each Region and State |
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The Pyidaungsu Hluttaw shall not be formed through a separate election. The Pyidaungsu Hluttaw shall be formed through the combination of the Pyithu Hluttaw and the Amyotha Hluttaw. The legislative affairs of thewhole nation will be taken by the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw. |
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For the future nation, there will be the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw as legislative bodies as well as seven Region Hluttaws, seven State Hluttaws and leading bodies of self- administered areas. As basic principles and detailed basic principles have been adopted for the sharing of legislative power, it is obvious that all the national races will have the power to promulgate laws democratically. |
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The legislative powers of the Pyidaungsu, regions and states are exercised by the respective Hluttaws and executive powers by government bodies. The legislative powers and executive powers are shared. In the self-administered division and self- administered zones, the leading body concerned has the right to exercise legislative powers and executive powers. This being so, for the self-administered division and self- administered zone, legislative bodies are termed as leading bodies instead of Hluttaws. It is significant both in form and in essence. |
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According to the 1947 Constitution, only the four state councils had the power to enact the law statewise. The Special Division for the Chins has no such right. And now all the regions and states have the right to form Hluttaws and will be able to share the legislative power. Moreover, the goodwill of the National Convention delegates who are paving the way for the self-administered division and self-administered zones to share the legislative power is enormous. |
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It is clear that priority has been given to the interest of the entire national people by distributing legislative power covering all regions of the Union. |
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The State constitution prescribes how the three branches of State power shall be distributed and to whom they should be entrusted. The State constitution is of utmost importance for the Union of Myanmar. Thus, only prescriptions of the State constitution are to be accepted as final. Everything needs to be judged by a constitutional criterion alone. Any laws that contrast with the State constitution cannot be enacted. |
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In the age of parliamentary democracy, only the parliament that was a combination of Pyithu Hluttaw (Chamber of Deputies) and Chamber of Nationalities and four State Councils had the legislative powers. Likewise, only the Pyithu Hluttaw wielded the legislative powers in the era of Myanmar Socialist Programme Party. By contrast, the present National Convention is opening the way for extensive distribution of legislative powers based on prevailing conditions of the State and the national people. |
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