By Maung Maung B.L. (Rangoon), J.S.D. (Yale), LL. D. (Utrecht) (auth.)
This ebook, conceived in Rangoon, nourished and introduced on the Yale legislations institution, makes an attempt to check the prevalent legislation of Burma within the context of the country's felony procedure. usual legislation govern the affairs of the family members often whereas codes and precedents designed and built at the imported British universal legislation process take pleasure in particular keep watch over and authority over the rest criminal relationships in society. This quantity seems on the felony approach in define and the normal legislation of the Bur mese kinfolk in a few aspect. The favourite legislation of alternative indigenous teams, comparable to the Shans, the Kachins, the Chins, the Kayah, the Mon and the Arakanese, additionally have to be studied, restated and appraised, for even though the legislation are comparable there are colours of transformations, and in construct ing the Union of Burma you will need to construct strongly at the simi larities whereas giving due recognize to the variations. it really is, as a result, was hoping, that this quantity will release a sequence of experiences at the normal legislation of the peoples of Burma in a wide context and with excessive target. there are various wishes for carrying on with examine within the box of customized ary legislations. One is to find the customs of the folks as they are surely, not only what they're presumed to be in early criminal treatises or in later judicial decisions.
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Additional info for Law and Custom in Burma and the Burmese Family
Ibid. Also in Chamber of Deputies proceedings February 27, 1957, in which opposition members, in demanding longer sessions and more opportunity to debate, pointed out that between 1947 and 1956, a total of 660 Acts were passed in 600 days of effective sitting. 3 An advisory committee headed by Dr. Ba U, one-time Chief Justice, and a former President of the Union, was appointed in April, 1960, soon after a new Government took office, and gave its views on subjects ranging from revision of mining regulations to the establishment of new states in the Union.
1 International law, by this strict and narrow test, is not law because it is not enacted by Parliament, nor inherited as 'existing law'. It is largely, by this test, the customary law which guides the nations in their dealings with one another, and unlike the customary law of the Burmese family which draws its breath from statute and is better known and more certain, international law is not mentioned in the Burma Laws Act, is not enough known, and not easy to find. There is no denying that international law exists and that it is a good thing; the problem is to discover what it is, to distinguish between what is and what should be, to ascertain whether what should be is already what is.
Ma Mya vs. Ma Thein, 4 Ran. 313, F. B. This scale is valid today, with the substitution of the Supreme Court for the Privy Council. S U Htwe vs. U Tun Ohn &- One, 1948 BLR 541, S. C. 3 U Saw Han vs. U Ohn Khin &- 30the'l's, 1959 BLR 24, S. C. • s. 222 (1) defines 'existing law' as "any law, Ordinance, byelaw, rule or regulation passed or made before the commencement of this Constitution by any legislature, authority or person in any territories included within the Union of Burma being a legislature, authority or person having power to make such law, Ordinance, Order, byelaw, rule or regulation ...
Law and Custom in Burma and the Burmese Family by Maung Maung B.L. (Rangoon), J.S.D. (Yale), LL. D. (Utrecht) (auth.)