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July 19, 2018

Reviews after the promulgation of laws

  • By Lwin Thwin Oo

In democratically elected sovereign states, legislative, administrative and judicial powers are the central pillars of sovereignty, letting them perform their duties independently. In this article, discussions will be mainly focused on legislation. In every country, different kinds of laws are promulgated for the security, law and order, economics, and social developments of their country. If you study laws of a country, different new laws are promulgated by successive governments.
We should assess whether previously promulgated laws are consistent with the changing times; whether suitable laws could be promulgated as required; whether outdated laws could be amended, substituted or abrogated. Then promulgation of new laws should be consistent with modern times so that these laws would be beneficial to the country and its people.

Implementations
Whether the existing laws are effective or not; whether implementation of these laws is successful or not; whether there are any defects in legal systems or due to poor qualification and dishonesty. If it is concerned with human errors: upgrading of qualifications and removal of dishonest persons are encouraged ; actions must be taken against those who have failed to implement new legal systems.

Legal assessments
An assessment of law is defined in different ways: reviewing an assessment of law is a matter of widel-ranging subject; do these laws fulfill indented policies and objectives?; if they are fully implemented , to what extent do they achieve? For instance, concerning implementation of laws, two processes can be designated: the first one is to put up the application of these laws with the help of regulations. The second one is to assess widely how policies and effective results of the laws. Legal assessment is a separate form of work in the Hluttaw and its work helps the Hluttaw to carry out effective supervision and promulgation of the laws of the administrative sector to a certain level. The Hluttaw is accountable not only for legislation but for implementation of the laws by observation. Some Hluttaws and Hluttaw Working Committee are vested with responsibilities to observe the implementation of the laws.

Observations
After laws are promulgated by some Hluttaws, Special Hluttaw Committee is formed to assess their applications. Amendments of laws, questions and proposals are submitted to the Hluttaw, replies to questions during a certain period of time and promulgation of new laws with evidences, causes and effects are submitted.

Responsible for monitoring
Many Hluttaws in the world assume their responsibilities of legislation, monitoring of implementations of the laws by means of assessments and observations. Hluttaw Committees are responsible for scrutinizing the implementations of the promulgated laws.
After promulgation of the laws in the Hluttaws in the United Kingdom, Belgium,Canada, Indonesia, Pakistan, South Africa and Switzerland the promulgated laws are usually rescrutinized. The Scrutinization boards or committees are named differently, but the essence is the same: observation of the implementations of the laws.
Though most countries focus on the rule of law, little attention is paid to the implementation of the laws. Even after promulgation of the laws in many countries, no legal practice is found. No regulations and practical uses and facts about effectiveness of the laws created some hindrances to success..

Differentiation
In Myanmar, many kinds of laws are found: those under the British Colonial Rule, those under the 1947 Constitution, those under the Revolutionary Council, those under the Socialist Republic of Myanmar, those under the State Law and Order, those under the State Peace and Development and existing laws under the 2008 Constitution. If existing laws are studied, the Penal Code of 1860, the Code of Criminal Procedure of 1898, the Evidence Act of 1872 and Code of Civil Procedure were promulgated a long time ago; they have been still in use up until now. Laws were amended in keeping up with the changing times.
In order to catch up with modern times, outdated laws were abolished to be substituted by the new ones. The laws concerning science, information technology, computer, politics, economics and education are also promulgated. In addition, arrangements are being taken to promulgate Intellectual Property Law in keeping with the changing times.
Efforts yield results; good efforts will bring successful results with a certain qualification. Implementations of existing laws will be scrutinized and reviewed for purpose of reaching our goals.
Even though the organizations of the Hluttaws are different from one country to another in the world, the essence is the same; main responsibility of carrying out promulgation of laws for their countries and the welfare of the people.

Translated by Arakan Sein

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