Hierarchical Structure

Hierarchical Structure

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The Supreme Court of the Union is located in Nay Pyi Taw, the new capital of Myanmar. It consisted of the Chief Justice of the Union and six Justices of the Supreme Court of the Union up to 27.11.2016. It currently consists of the Chief Justice of the Union and five Justices of the Supreme Court of the Union.

The Supreme Court of the Union is the final Court of appeal. It has both original and appellate jurisdiction in both civil and criminal cases. Moreover, it has the revisionary jurisdiction against the judgment or order passed by a Court in accordance with 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, the Supreme Court of the Union has the responsibility to administer and supervise all Subordinate Courts in the Union. It also has the right of submitting bills relating to the Judiciary to the Legislative, called Pyidaungsu Hluttaw in accordance with the stipulated rules and regulations.

Jurisdiction

Jurisdiction

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(a) Only the Supreme Court of the Union has the following original jurisdiction :

(i) in matters arising out of bilateral treaties concluded by the Union;

(ii) in other disputes, except the Constitutional problems, between the Union Government and the Region or State Governments;

(iii) in other disputes, except the Constitutional problems, among the Regions, among the States, between the Region and the State and between the Union Territory and the Region or the State;

(iv) other matters as prescribed by any law.

(b) As the Supreme Court of the Union is the highest court of the Union, it is the Court of final appeal.

(c) The judgments of the Supreme Court of the Union are final and conclusive and have no right of appeal.

(d) The Supreme Court of the Union, subject to any provision of the Constitution or any provision of other law, has the appellate jurisdiction to decide judgments passed by the High Courts of the Regions or the States. Moreover, the Supreme Court of the Union also has the appellate jurisdiction to decide judgments passed by the other Courts in accordance with the law.

(e) The Supreme Court of the Union has the revisionary jurisdiction in accordance with the law.

 

The Supreme Court of the Union has the power to issue the following writs :

(i) Writ of Habeas Corpus;

(ii) Writ of Mandamus;

(iii) Writ of Prohibition;

(iv) Writ of Quo Warranto;

(v) Writ of Certiorari.

The applications to issue writs shall be suspended in the areas where the state of emergency is declared.

Constitution of the Supreme Court of the Union

Constitution of the Supreme Court of the Union

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In the Union, there shall be a Supreme Court of the Union. 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.

Vision, Mission & Values

Vision, Mission & Values

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Vision

To provide the highest quality of justice to all

To promote public trust and confidence in the courts and effective rule of law

 

Mission

To promote the rule of law and regional peace and tranquillity

To enhance reliability and public trust in the judicial system

To adjudicate cases fairly and speedily in accordance with law

To upgrade the integrity of the Courts

 

Values of the Court

Equality and Fairness

Judicial Independence and Integrity

Accessibility

Efficiency and Timeliness

History

History

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Myanmar under the Myanmar Kings had a solid foundation of legal framework and judicial administration. Myanmar Law was then composed of three elements: Yazathat, Dhammathat and Phyathton.

Yazathats; which were the King’s Royal Edicts and Ordinances. These are composed of the King’s commands and Criminal Laws for prevalence of law and order, security and peace, including mainly for high treason, murder, dacoity (criminals who engage in organized robbery and murder), robbery ,theft etc.

Dhammathats: were collections of Corpus Jurist of Myanmar customary traditions, conventions and ratio decidendi of eminent judges and learned personnel in their decisions or writings, collected and consolidated versions of Myanmar Customary Law throughout the ages. Indeed, Dhammathats are composed of Legal Rules and Principles for Civil matters and Civil Law; they relate mainly to marriage, divorce, partition, succession, inheritance, adoption etc. Those Legal Rules and Principles are based on egalitarian rights relating to equality under law; and are still being applied by the present day Courts of the Union of Myanmar. Phyathtons: were the Judicial decisions passed by Courts, Benches and the King’s Hluttaw; like the present day Law Reports.

(Rulings) of the Supreme Court.

In the old days, criminal and civil jurisdictions were distinct. Prevention and punishment of acts causing gross disturbances of the peace, to the detriment of public security were considered part of the administrative functions of Government. Hence, criminal justice was dispensed by administrative officials of the State. Civil justice, on the other hand, was administered by judges appointed by or under the King and by arbitrators chosen by parties. Naturally appeals lay in the last resort to the King, but from the decision of an arbitrator there was no right of appeal.

After becoming an independent State, the Supreme Court and High Court were established and Courts at different levels were also formed under the Union Judiciary Act, 1948.

On 2nd March 1962, the Revolutionary Council took over the sovereign powers and the judicial system was transformed into the socialist system. The Revolutionary Council abolished the Supreme Court and the High Court and established the Chief Court instead.

Under the 1974 Constitution, the Central Court, the State and Divisional Courts, the Township Courts and the Wards and Village Tracts Courts were formed. The salient feature of the then judicial system was the participation of the working people in all levels of the Courts.

On 26th September 1988, the State Law and Order Restoration Council promulgated the Judiciary Law and formed the Courts at different levels and for the administration of justice in the Union of Myanmar. It was subsequently repealed by the Judiciary Law, 2000 which was promulgated on the 27th June, 2000 by the State Peace and Development Council, for the promotion of the judiciary, and to revamp the formation of Courts.

The present judicial system was adopted under the 2008 Constitution and Union Judiciary Law 2010.

Overview of Myanmar’s Judiciary

Overview of Myanmar's Judiciary

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According to the Union Judiciary Law 2010, judicial principles are laid down as follows:

(a) to administer justice independently according to law;

(b) to dispense justice in open Court unless otherwise prohibited by law;

(c) to obtain the right of defence and the right of appeal in cases according to law;

(d) to support in the building of the rule of law and regional peace and tranquillity by protecting and safeguarding the interests of the people;

(e) to educate the people to understand and abide by the law and nurture the habit of abiding by the law by the people;

(f) to cause to compound and complete the cases within the framework of law for the settlement of cases among the public;

(g) to aim at reforming moral character in meting out punishment to offenders.