Zhai Yida
Area Studies.
2024, (5):
38-71.
The Constitution is the fundamental law of a country and lays down the legal basis of the political system. Myanmar is one of the few countries in the world where a military regime has long been in power. It handed over political power to an elected government in March 2011, but before that a constitution with stringent standards for amendments was made to guarantee the military's vested interests. Over the past 10 years, different political forces in Myanmar have struggled for the constitution amendments, but substantial results have not been achieved. The military clique staged another coup d'état in 2021 to overthrow the democratically elected government. Since October 2023, the army has suffered a series of defeats in battles with local resistance forces, affecting the political prospects of Myanmar. Among the several prospects for Myanmar's future political transition, constitutional amendments based on the 2008 Constitution of the Republic of the Union of Myanmar would be a candidate. Constitutional amendments involve not only the text of the Constitution, but also is related to political actors who have distinct interests and have different reactions to the amendment. Therefore, in the process of political transition of Myanmar, constitutional amendment must take into account political actors. This article examines two cases of constitutional amendments in Myanmar since 2010, both of which have failed. Adopting the method of “legal formalist political science,” I analyzed the 2008 Constitution of the Republic of the Union of Myanmar, and put forward the main contents, the principles, and paths of constitutional amendment.