Constitutional Tribunal of Myanmar


According to Constitution of Myanmar, the Constitutional Tribunal of Myanmar was founded on 31 March 2011. Its headquarters is located in Office No. 54, Ottarathiri Township, Nay Pyi Taw City, Myanmar. There is one chairperson and eight members on the Tribunal, who serve five year terms. Members of the tribunal are elected proportionally by the President, Pyithu Hluttaw, and Amyotha Hluttaw. The members of the Constitutional Tribunal are all required to be legal experts.

Background

In the 1947 Constitution, the Supreme Court decided upon constitutional disputes and interpreted the constitution. In the 1974 Constitution, only the Pyithu Hluttaw had the power of interpretation.
The National Convention was held in 16 September 1993. It agreed on 104 basic principles to be included in the formation of new constitution. All representatives in this Convention agreed to the following basic principles concerning with the establishment of a Constitutional Tribunal -
“A Constitutional Tribunal shall be set up to interpret the provisions of the Constitution, to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Regional Hluttaws, the State Hluttaws and functions of executive authorities of Pyidaungsu, Regions, States and Self-Administered Areas are in conformity with the Constitution. Its function is to decide on disputes relating to the Constitution between Pyidaungsu and Regions, between Pyidaungsu and States, among Regions, among States, and between Regions or States and Self-Administered Areas and among Self-Administered Areas themselves. Its role is to perform other duties prescribed in the Constitution,” as well.
In formulation the 2008 Constitution, the Commission drafted the following provisions regarding the Constitutional Tribunal -
Hence the 2008 Constitution was enforced in the first meeting of the Pyidaungsu Hluttaw which was held on 31 January 2011 and the first Constitutional Tribunal was established on 30, March 2011.

Chairperson and Members (Justices)

  1. Mr. Myo Nyunt
  2. Mr. Tin Maung Myint
  3. Mr. Myint Win
  4. Mr. Myo Myint
  5. Mr. Khin Maung Cho
  6. Ms. Khin Htay Kywae
  7. Mr. Tual Cin Pau
  8. Mrs.Hla Myo Nwe
  9. Mr. Kyaw San

    List of chairpersons

  10. Thein Soe
  11. Mya Thein
  12. Myo Nyunt