Description:
"In at least some cases - and Burma is one - seeking trust, integration,
and unity in the abstract may be neither useful nor even possible. Instead, a
reconciliation process should seek, quite specifically, to find constitutional
common ground well before drafting begins; it should be oriented toward
developing a shared constitutional vision that will provide the warring sides
with reason to commit to the new proposed regime. As the contending sides
come to realize that they might share specific and concrete constitutional
desires, they also come to realize that cohabitation might be possible. The moral of the story is that constitution making (broadly defined) is part and
parcel of the creation of social integrity and not merely its consequence...Part I offers an overview of the constitutional history of Burma to the
year 2000. Part II explains the constitutional processes going on today-not
only the military government?s "roadmap to democracy" but also the
democracy movement?s alternative process (or processes, depending on your
perspective). As will become plain, the two processes are very different: the
junta?s roadmap has yielded a written constitution that will shortly become
the law of the land but which lacks all legitimacy.6 By contrast, the
democracy movement?s alternative will not become sovereign law anytime
soon, but it has set in train social dynamics that might, in the long run, build the conditions necessary for genuine constitutional rule..."
Source/publisher:
Indiana University Maurer School of Law Faculty Publications. Paper 492.
Date of Publication:
2009-00-00
Date of entry:
2012-05-17
Grouping:
- Individual Documents
Category:
Language:
English
Local URL:
Format:
pdf
Size:
740.15 KB