{"created":"2020-09-30T05:28:30.468739+00:00","id":5533,"links":{},"metadata":{"_buckets":{"deposit":"e89987ce-d402-48ef-a501-c8d1c74ead38"},"_deposit":{"created_by":23,"id":"5533","owner":"23","owners":[23],"owners_ext":{"displayname":"","email":"myanila@mu.edu.mm","username":""},"pid":{"revision_id":0,"type":"recid","value":"5533"},"status":"published"},"_oai":{"id":"oai:meral.edu.mm:recid/5533","sets":["1582963739756","1582963739756:1582967196894"]},"communities":["um"],"item_1583103067471":{"attribute_name":"Title","attribute_value_mlt":[{"subitem_1551255647225":"Union Judiciary under the Myanmar 1947 Constitution: Judicial Independence?","subitem_1551255648112":"en"}]},"item_1583103085720":{"attribute_name":"Description","attribute_value_mlt":[{"interim":"Under the 1947 Constitution, the Union judiciary was entrusted to the Judges who were appointed according to the Constitution. The Judges headed the Courts officially established by the law and the Constitution. There were two types of Courts, namely Courts of First Instance and Courts of Appeal. The Courts of the first instance included a High Court which had original and appellate jurisdiction and power to determine all matters and questions whether of law or fact. The Court of final appeal was the Supreme Court, which had only appellate jurisdiction from all decisions of the High Court and such decisions of other Courts prescribed by law. After Myanmar‟s independence, the ideal of the independence of the Judiciary was a shining beacon of the Union of Myanmar. To ensure judicial independence, the Judiciary must be given security of tenure of office, and must not be influenced by political and personal considerations. However, the appointment of the Judges rested with Parliament which had a majority of the ruling party. So, over time, the Judges will be of the same political complexion as the Government and tend to be less critical towards the executive authorities. Moreover, as the Government could command an unchallenged majority in Parliament, it could overrule the decisions of the Courts against it, by legislating later. Thus, the Union judiciary under the 1947 Constitution was only relatively independent of the Executive. This research examines the Union judiciary under the 1947 Constitution and argues the possibility of the Executive‟ s control over the independence of the Union judiciary of Myanmar. In doing research, the qualitative research method is used to analyze the primary and secondary data in the literature"}]},"item_1583103108160":{"attribute_name":"Keywords","attribute_value_mlt":[{"interim":"The 1947Constitution"},{"interim":"The 1947Constitution"},{"interim":"Judiciary independence"},{"interim":"Executive control"}]},"item_1583103120197":{"attribute_name":"Files","attribute_type":"file","attribute_value_mlt":[{"accessrole":"open_access","date":[{"dateType":"Available","dateValue":"2020-09-30"}],"displaytype":"preview","filename":"Union Judiciary under the Myanmar 1947 Constitution.pdf","filesize":[{"value":"427 Kb"}],"format":"application/pdf","licensetype":"license_0","url":{"url":"https://meral.edu.mm/record/5533/files/Union Judiciary under the Myanmar 1947 Constitution.pdf"},"version_id":"11d63e60-c231-429d-853a-f816bf7e3c8b"}]},"item_1583103131163":{"attribute_name":"Journal articles","attribute_value_mlt":[{"subitem_issue":"2","subitem_journal_title":"University of Mandalay, Research Journal","subitem_pages":"167-179","subitem_volume":"11"}]},"item_1583105942107":{"attribute_name":"Authors","attribute_value_mlt":[{"subitem_authors":[{"subitem_authors_fullname":"Kyi Mar"}]}]},"item_1583108359239":{"attribute_name":"Upload type","attribute_value_mlt":[{"interim":"Publication"}]},"item_1583108428133":{"attribute_name":"Publication type","attribute_value_mlt":[{"interim":"Journal article"}]},"item_1583159729339":{"attribute_name":"Publication date","attribute_value":"2020-05-30"},"item_title":"Union Judiciary under the Myanmar 1947 Constitution: Judicial Independence?","item_type_id":"21","owner":"23","path":["1582963739756","1582967196894"],"publish_date":"2020-09-30","publish_status":"0","recid":"5533","relation_version_is_last":true,"title":["Union Judiciary under the Myanmar 1947 Constitution: Judicial Independence?"],"weko_creator_id":"23","weko_shared_id":-1},"updated":"2021-12-13T01:11:55.817912+00:00"}