The People and the Constitution

Abstract

Myanmar’s transition is taking place within a constitutional setting devised by the preceding junta and reflecting a military reading of rule by the people, termed discipline-flourishing democracy. This chapter examines the extent to which the country’s constitutional system is an obstacle to greater democratization, the degree to which its institutions are viewed by the public as legitimate, and the intensity with which the public demands deeper political change. First, it traces the roots of constitutionalism in Myanmar. Second, it evaluates fundamental aspects of the current constitution, focusing on provisions for majority rule and a separation of powers. Third, it draws on survey data to investigate popular assessments of the transitional political system and aspirations for democracy. Fourth, it assesses prescribed methods for forming the legislature, and uses a survey experiment to isolate popular preferences for generating an assembly fitting standards of liberal democracy, hybridity, and military rule. Finally, it turns to the executive and explores perceptions of constitutional restrictions imposed on the presidency.