Text analysis

 

Author:Fan Hongwei Xiao Junyong

Burma's new constitution draft after the announcement, was widely criticized. The draft constitution was blamed entirely constitutional product in the army under the leadership of, only on behalf of the interests and aspirations of the army. Whether it is "old wine in a new bottle", or indeed to "struggle", all cannot do without investigation of the Constitution itself, because the answer is clearly written in the constitution. The framework and content of the new constitution, we can clearly see the army in the future Burma politics not only continue to play a role, but will still play a dominant role.

 

Constitution guarantees the military in Burma future political leadership role in. Therefore, the first chapter "basic principles" countries, clearly stated the "Burma state to promote genuine multiparty democracy realization, but also ensure the military to participate in national political leadership role."

 

In order to achieve this goal, the provisions of the constitution of the special status of the military in the structure of national power. In the mastery of the supreme legislative power of the Federal Parliament, the house of Lords224Seats in the56The house of Commons seats440Seats in the110Seats for the army. So, the military and non military personnel in the Federal Parliament, the legal structure ratio1:3. The upper and lower houses of military members directly by the IDF commander in chief nominated. In addition, in the province (state) in parliament, army commander in3:1The proportion of military members appointed.

 

According to the constitution, the presidential candidate parents, spouse does not have foreign citizenship. This provision is clearly aimed at Burma's largest opposition party, the National League for democracy leader -- General Secretary Aung San Suu Kyi set, because the husband is english.

 

Burma's president, vice president, not by the National Congress elected, but by3Electoral College elected, one of the Electoral College from both houses of the military members.3A group of the election to nominate a vice presidential candidate, by the Electoral College from three vice presidential nominee in the vote for one person as the federal president, the other two are vice president. So, the president of Burma is under the influence of the army. Even so, in the system the president is subject to the military.

 

Although the Constitution requires the president is the chief executive of the state, has the right to appoint federal ministers and deputy ministers, but defense, security and interior, border affairs minister and deputy ministers can be decided only by the army commander. Other ministers aspiring candidates, the president should also solicit the opinions of the army commander, or according to the opinions of other arrangements as Minister of military personnel. The president has the power to approve a government minister, deputy minister to resign, the instructions are not of execution may be removed from office, but served as the military personnel of the minister and Deputy Minister's resignation and dismissal shall reach an agreement with the IDF commander in chief. The president of Burma itself is the product in the army under the leadership of the army commander, but further on the powers of the "erosion". Not only that, the dominant soldiers in Burma politics, through "the establishment of the Commission" national defense and security can be further strengthened.

 

The constitution, in order to make the provisions of the Constitution and the law responsibilities can be effectively implemented, the establishment of a president under the leadership of the "national defense and security committee". Presidential amnesty; in special circumstances need to diplomatic relations with foreign immediately; in countries facing aggression, presidential decision to take appropriate action; the approval of the president, the appointment of army commander; issued a decree declaring a state of emergency management; military defense and security issues in the participation of all people, all these actions, decisions, must be "defense and security committee", "recommended" and "agreed to the proposal". So, although the constitution stipulated by the Commission President, but in fact it's status in the country's political system is more than the president.

 

If we look at the composition of the committee, will see its essence. According to the constitution "defense and security committee" by the president, vice president, two house of Commons spokesman, the spokesman, the Wehrmacht was, deputy commander in chief, defense minister, foreign minister, Minister of the interior and Minister of border affairs Co11People. And according to the provisions of the constitution, national defense, security and internal affairs, Minister of border affairs and defence forces are, deputy commander in chief is by soldiers as, with the military to nominate a person to act as president or vice president, that is to say,"Committee on defense and security11There are at least members6Man is a soldier.