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What happens when a law needs further presidential notification to come into effect
Posted in Legislative Research on Mar 26, 2020
Many countries delay bringing laws into force following their approval by legislatures and final assent. Reasons for this vary, depending to a significant extent on the specific constitutional arrangements in each country.
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Amending the Constitution: Reflecting on One Year and Seven Days in the Hluttaw
Posted in Ideas & Impacts, Legislative Research on Mar 26, 2020
Since all these promises which are peace, rule of law and Constitution amendment demand a long-term effort, expecting the NLD to have fulfilled them already is probably unfair. However, the question of whether the party has built a good foundation is, on the other hand, a reasonable query. One such foundation to these challenges – trust-building – is perhaps the most important for a conflict-torn country like Myanmar.
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Backgrounder & Summary: Prevention and Control of Communicable Disease Bill
Posted in Legislative Research on Mar 18, 2020
The bill includes provisions relating to prevention, surveillance and responding to communicable diseases, reporting disease outbreaks, quarantine, and the prevention and control of disease at international ports of entry.
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A comparative look at Myanmar’s Social Security Board and equivalent arrangements in other countries
Posted in Legislative Research on Mar 16, 2020
In spite of reforms the SSB seems to remain unable to spend the funds it is collecting, even though many view its services as poor quality and in need of improvements. This is of particular interest currently because the government is claiming it is unable to offer compensation to workers affected by the recent global coronavirus outbreak. Due to a lack of orders and raw materials, many workers are being sent home, and there is no financial support available to these families who will be severely affected by a loss of income.
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Bill Analysis: Bar Council and Legal Practitioners Bill
Posted in Legislative Research on Mar 12, 2020
Previously the power over registration was with the Union Supreme Court, but this bill transfers the responsibility to the Myanmar Bar Council (MBC) and Regional Bar Councils (RBC). Councils will mostly comprise elected advocates. This piece will compare the new bill with The Bar Council Act and The Legal Practitioners Act, and provide some recommendations.
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Policy Briefing: Bar Councils
Posted in Legislative Research on Mar 12, 2020
Of central importance for systems of justice is the independence of the legal profession. This is because democracies are established on the principle of equality, including the equality of all people before the law.
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Policy Briefing: Minimum Wages
Posted in Legislative Research on Mar 06, 2020
Whilst government representatives have said that the national committee studies the gross domestic product and cost of living, it is not fully transparent in how it makes it decisions, unlike, for example the UK’s Low Pay Commission, which publishes all of its reports and transparency data.
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Backgrounder & Summary: The Amendment Bill on The Minimum Wage Law
Posted in Legislative Research on Mar 05, 2020
The bill includes provisions which are intended to align minimum wage law with other new laws, removes those which are viewed as only necessary in the by-law, or are overlapping with other laws, and various changes to the legal language used.
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Backgrounder & Summary: Bar Council and Legal Practitioners Bill
Posted in Legislative Research on Feb 27, 2020
The bill sets out the membership and role of the Myanmar Bar Council and Regional Bar Councils, their duties and powers, and the process for applications to become an Apprentice Lawyer, Higher Grade Pleader or Advocate. It includes the duties and rights of lawyers, lawyer ethics, prohibitions and penalties, and the establishment of the fund to implement the law.
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Backgrounder & Summary: Amendment Bill on the Law Protecting the Privacy and Security of Citizens
Posted in Legislative Research on Feb 20, 2020
Another added provision is that the consent of related ministry must be secured before prosecution against violations. And prohibitions under the law and their penalties would not change under this amendment, but it is proposed to allow bail to be granted to suspected offenders.
The Ānanda