Interpretation of Statutes at Myanmar
Here’s an overview of Interpretation of Statutes in Myanmar:
Interpretation of Statutes in Myanmar
Myanmar follows a common law legal system influenced primarily by English law due to its colonial history, blended with customary law and local statutory developments. Interpretation of statutes is essential for applying laws effectively and fairly.
1. Legal Framework
The Constitution of the Republic of the Union of Myanmar (2008) is the supreme law.
Statutes are enacted by the Pyidaungsu Hluttaw (Union Parliament).
The legal system includes a mix of common law principles, codified laws, and customary laws.
Courts interpret statutes to resolve disputes and guide application.
2. Who Interprets Statutes?
Judiciary: The Supreme Court of Myanmar and subordinate courts interpret statutes.
The Attorney General’s Office also provides legal opinions.
Administrative agencies may interpret statutes in their domains but are subject to judicial review.
3. Principles of Statutory Interpretation
Myanmar follows common law interpretive principles, such as:
Literal Rule: Words are given their ordinary and natural meaning.
Golden Rule: Modifications to literal meaning are allowed to avoid absurd or unjust results.
Mischief Rule: Courts look to the purpose behind the statute and the problem it intends to address.
Purposive Approach: Emphasis on legislative intent and object.
Contextual Interpretation: Statutes are read as a whole, including related laws and constitutional provisions.
4. Judicial Precedent
Myanmar follows the doctrine of stare decisis, where lower courts are bound by higher court decisions.
Precedents from English common law remain persuasive.
The Supreme Court’s rulings are binding on lower courts.
5. Constitutional Interpretation
Courts have the power to review laws for constitutionality.
The Constitution is supreme, and inconsistent statutes may be invalidated.
Constitutional interpretation is central in ensuring laws respect fundamental rights.
6. Customary Law
Customary law continues to influence areas such as family law and local community matters.
Customary norms are applied unless overridden by statutory or constitutional law.
Summary
Myanmar applies common law principles in statutory interpretation.
Interpretation follows literal, golden, mischief, and purposive rules.
Courts, especially the Supreme Court, have authority to interpret statutes and review constitutionality.
Judicial precedent is binding under the doctrine of stare decisis.
Customary law remains influential in some legal areas.
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