However, its story is ultimately one of fragility. It was a document built on mistrust and designed to constrain democratic will. When the democratic will became too strong for the constraints of the document, the military abandoned the document. The 2008 Constitution proved that a legal system designed to suppress the will of the people can only function for as long as the people (or the army) tolerate it.
The military commander-in-chief is not subordinate to the president in practice. The constitution grants the military the right to "safeguard the constitution" and to take over state power in a "state of emergency." Under Article 417, the commander-in-chief can, with the president’s (or his own, if the president refuses) request, assume all legislative, executive, and judicial powers.
The creation of the constitution was a centerpiece of the military's "seven-step roadmap to democracy" announced in 2003. 2008 myanmar constitution
The drafting process began in 1993 but was marked by frequent delays and the exclusion of the National League for Democracy (NLD) after its representatives were expelled in 1995.
The constitution establishes a presidential republic but with unique, non-democratic elements. However, its story is ultimately one of fragility
The convention concluded in 2007, and the final draft was completed in early 2008.
Held in two phases (May 10 and May 24, 2008), the referendum took place just days after devastated the Irrawaddy Delta, killing over 130,000 people. The junta went ahead with the vote despite the humanitarian crisis, drawing international condemnation. The 2008 Constitution proved that a legal system
The document was ratified in May 2008 through a controversial national referendum held just days after the devastating Cyclone Nargis . Reports of intimidation and a 92% approval rate led to widespread allegations of fraud. Key Provisions and Military Entrenchment