Supreme Court of Myanmar explained

Court Name:Supreme Court of the Republic of the Union of Myanmar
Motto:
Pali

sīla, samādhi, paññā

Established:1948
Jurisdiction:Myanmar
Location:Naypyidaw
Authority:Constitution of Myanmar
Terms:70 years retirement age
Positions:11
Chiefjudgetitle:Chief Justice
Chiefjudgename:Htun Htun Oo
Termstart:30 March 2011

The Supreme Court of Myanmar (Burmese: ပြည်ထောင်စုတရားလွှတ်တော်ချုပ်) is the highest judicial forum and final court of appeal under the Constitution of Myanmar, existing as an independent judicial entity, alongside the legislative and executive branches.[1] The Court is legally mandated to have 7 to 11 judges, including a Chief Justice.[1]

Jurisdiction

Without affecting the powers of the Constitutional Tribunal and the Courts-Martial, the Supreme Court of the Union is the highest Court of the Union of Myanmar.[2] The Supreme Court of the Union has both original and appellate jurisdiction in both civil and criminal cases. Moreover, it has the revisional jurisdiction against the judgment or order passed by a court in accordance with the law and in confirming the death sentence. Furthermore, it exercises the power of issuing five kinds of writs without affecting the power of other courts to issue orders that have the nature of writs in accordance with law. At the Supreme Court of the Union, cases may be adjudicated by a bench of one Justice or more than one justice or by the Full Bench.

Being the ultimate authority of the entire court system of Myanmar, the Supreme Court of the Union administers and supervises all subordinate courts in Myanmar. It is also entitled the right of submitting the bills relating to the Judiciary to the Legislative, called the Union Parliament (Pyidaungsu Hluttaw) in accordance with the stipulated manners.[3]

History

Development

The various levels of courts were founded via the Union Judiciary Act, 1948.[4] The first Chief Justice of independent Burma (Myanmar) was a Cambridge-educated lawyer called Dr. Ba U, who later became the 2nd President of the Union of Burma. Dr. Ba U served as Chief Justice from 1948 to 1952.[5]

Facilities

Until 2006, the Supreme Court of Myanmar was located at No. 89/133 Pansodan Street, between Maha Bandula Garden Street and Pansodan Street in Kyauktada Township, downtown Yangon. The building complex was designed by architect James Ransome, construction of the court began in 1905 and was completed in 1911.

The current Supreme Court is located at No.54, Thiri Mandaing Street, Naypyidaw, the country's new capital since 2006.

Composition of the court

The Supreme Court of Myanmar is composed of 7 to 11 Justices: the Chief Justice of the Union and 6 to 10 other Justices. According to the Constitution of Myanmar, remuneration and salary of the Chief Justice of the Union is equivalent to Vice-President of Myanmar and of justices of the Supreme Court of the Union are equivalent to deputy ministers of the Cabinet of Myanmar. The Chief Justice and Justices of the Supreme Court of the Union are entitled to be referred to as "The Honourable".

Appointment process

The Chief Justice of the Union is nominated by the President of Myanmar. Appointments are officially made by approval of the Union Parliament (Pyidaungsu Hluttaw).

In February 2011, President Thein Sein nominated Htun Htun Oo as Chief Justice.[6] The Pyidaungsu Hluttaw approved his nomination on 17 February 2011.[7] In June 2017, President Htin Kyaw nominated Mya Han, Myo Tint, Soe Naing and Khin Maung Kyi as new justices.[8] [9] Moreover, as Mya Thein was retired from being supreme court justice, a new justice called Myo Win from Pathein was appointed upon nomination of President Win Myint in November 2018.[10]

Current justices of the Supreme Court of the Union

NameDate AppointedMandatory retirement Nominating President Previous judicial posting(s)Education
Htun Htun Oo
(Chief Justice)[11]
30 March 201128 July 2026Thein SeinDeputy Chief Justice (2007–2011)B.A. (Law), LL.B (Rangoon University)
Tha Htay30 March 20112028Thein SeinUnion Election Commission memberLL.B (Rangoon University)[12]
Myint Aung30 March 20112022Thein SeinRangoon Regional High Court judgeB.A (Psychology), Higher Grade Pleadership Certificate (1981)[13]
Aung Zaw Thein30 March 20112027Thein SeinAssistant Judge Advocate GeneralB.A. (Law), LL.B (Rangoon University)[14]
Myo Win15 November 201814 November 2030Win MyintAdvocateLL.B (Rangoon University)
Mya Han14 June 20172023Htin KyawAdvocate B.A. (Law), LL.B (Rangoon University), Dip in Business Management, Dip in Maritime Law[15]
Myo Tint14 June 20172026Htin KyawDirector General of Supreme CourtLL.B (Rangoon University)[16]
Soe Naing14 June 20172025Htin KyawMandalay Region Law OfficerB.A. (Law), LL.B (Rangoon University)[17]
Khin Maung Kyi14 June 20172028Htin KyawAdvocate LL.B (Mandalay Arts and Science University)[18]

References

16.7731°N 96.1609°W

Notes and References

  1. Web site: The Supreme Court of the Union. 27 June 2015.
  2. the 2008 Constitution of Myanmar. The Legal System in Myanmar and Foreign Legal Assistance. Law and Development Forum
  3. Web site: 2017 Annual Report.
  4. Web site: Development . www.unionsupremecourt.gov.mm . The Supreme Court of the Union.
  5. Zan. Myint. 2000. Judicial Independence in Burma: Constitutional History, Actual Practice and Future Prospects. Southern Cross University Law Review. 4. 45.
  6. News: Chief justice named, attorney general nominated. Shwe Yinn Mar Oo . 21 February 2011. Myanmar Times. 27 June 2015.
  7. News: Myanmar parliament appoints chief justice. 17 February 2011. Xinhua. 27 June 2015.
  8. News: တရားလွှတ်တော်ချုပ် တရားသူကြီး ၄ယောက် ခန့်ဖို့ရှိ. BBC News မြန်မာ.
  9. Web site: ပည်ထောင်စုတရားလွှတ်တော်ချုပ် တရားသူကြီးများခန့်အပ်တာဝန်ပေးခြင်း. Myanmar President Office.
  10. Web site: ပြည်ထောင်စုတရားလွှတ်တော်ချုပ် တရားသူကြီးအဖြစ် တရားလွှတ်တော်ရှေ့နေတစ်ဦးကို သမ္မတက အမည်စာရင်းတင်သွင်း. 7Day Daily.
  11. Web site: Supreme Court. Alternative Asean Network on Burma. 9 July 2015.
  12. Web site: Justice Tha Htay. unionsupremecourt.gov.mm.
  13. Web site: Justice Myint Aung. unionsupremecourt.gov.mm.
  14. Web site: Justice Aung Zaw Thein. unionsupremecourt.gov.mm.
  15. Web site: Justice Mya Han. unionsupremecourt.gov.mm.
  16. Web site: Justice Myo Tint. unionsupremecourt.gov.mm.
  17. Web site: Justice Soe Naing. unionsupremecourt.gov.mm.
  18. Web site: Justice Khin Maung Kyi. unionsupremecourt.gov.mm.