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Supreme Court of Myanmar

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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]

Supreme Court of the Republic of the Union of Myanmar
‹See Tfd›ပြည်ထောင်စုတရားလွှတ်တော်ချုပ်
Map
Established1948
JurisdictionMyanmar
LocationNaypyidaw
Motto‹See Tfd›သီလ၊ သမာဓိ၊ ပညာ
Pali: sīla, samādhi, paññā
Authorised byConstitution of Myanmar
Judge term length70 years retirement age
Number of positions11
Websitewww.unionsupremecourt.gov.mm
Chief Justice
CurrentlyHtun Htun Oo
Since30 March 2011

Jurisdiction

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former building in Yangon

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

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Development

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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

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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

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The Honourable Dr. Ba U, Chief Justice from 1948–1952

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

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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

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Name Date Appointed Mandatory retirement Nominating President Previous judicial posting(s) Education
Htun Htun Oo
(Chief Justice)[11] 		30 March 2011 28 July 2026 (2 August 2023) Thein Sein Deputy Chief Justice (2007–2011) B.A. (Law), LL.B (Rangoon University)
Tha Htay[11](Chief Justice) 30 March 2011 (3 August 2023) 2028 Thein Sein (Senior General Min Aung Hlaing) Union Election Commission member LL.B (Rangoon University)[12]
Myint Aung[11] 30 March 2011 2022 Thein Sein Rangoon Regional High Court judge B.A (Psychology), Higher Grade Pleadership Certificate (1981)[13]
Aung Zaw Thein 30 March 2011 2027 Thein Sein Assistant Judge Advocate General B.A. (Law), LL.B (Rangoon University)[14]
Myo Win 15 November 2018 14 November 2030 Win Myint Advocate LL.B (Rangoon University)
Mya Han 14 June 2017 2023 Htin Kyaw Advocate B.A. (Law), LL.B (Rangoon University), Dip in Business Management, Dip in Maritime Law[15]
Myo Tint 14 June 2017 2026 Htin Kyaw Director General of Supreme Court LL.B (Rangoon University)[16]
Soe Naing 14 June 2017 2025 Htin Kyaw Mandalay Region Law Officer B.A. (Law), LL.B (Rangoon University)[17]
Khin Maung Kyi 14 June 2017 2028 Htin Kyaw Advocate LL.B (Mandalay Arts and Science University)[18]

References

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

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