Constitutional Reform in a Repressive State : The Case of Burma

The article examines the complexities involved in the establishment of a constitutional culture in Burma, which was named Myanmar in 1989 by military generals who took power. It briefly reviews events leading up to the national convention convened by the military government to draft guidelines for a new constitution several years after rejecting the 1990 election outcome in support of the democratic opposition and its leader, Aung San Suu Kyi. The article posits that the modality of constitution-making determines the substantive result in many cases. After examining Burma's constitutional history and the modality for constitutional reform initiated by the miltiary government, the State Law and Order Restoration Council (SLORC), the article concludes that the control by SLORC of the constitutional reform process defeats any attempt by the people of Burma to express their will in a genuine social compact