Naming of secondary, tertiary legislation

[Vicky Bowman]

I'm trying to create a graphic to show how the various laws  - sectoral and cross-cutting relevant to environmental and social safeguards - interact at different levels of legislation.  this is to help with undertaking surveys of existing legislation providing environmental and social safeguards in certain sectors, and also  gap analyses of what's missing, in orde for example to undertake EIAs, establish EIA Guidelines for different sectors (and where gaps need to be plugged by references to other standards.

A first attempt is attached - please let me know if you have any comments

Is there an official guide to the Myanmar and English names given to the levels of law which are issued under the 'mother law' e.g. bye-laws, notifications etc and the level at which they are issued, beyond that contained in Art 97 of the Constitution (below)?

Vicky

Legislation

.....

97. (a) When the Pyidaungsu Hluttaw enacts a law, it may :

(i) authorize to issue rules, regulations and by-laws concerning that law to any Union level organization formed under the Constitution;

(ii) authorize to issue notifications, orders, directives and procedures to the respective organization or authority.

(b) The rules, regulations, notifications, orders, directives, and procedures issued under the power conferred by any law shall be in conformity with the provisions of the Constitution and the relevant law.

(c) If both the Pyithu Hluttaw and the Amyotha Hluttaw resolve to annul or amend any rule, regulation or by-law, it shall be deemed that the rule, regulation, or by-law is annulled or amended by the Pyidaungsu Hluttaw.

(d) If there is a disagreement to annul or amend any rule, regulation or by-law between the Pyithu Hluttaw and the Amyotha Hluttaw, it shall be discussed and resolved at the Pyidaungsu Hluttaw.

(e) If a resolution is passed to annul or amend any rule, regulation or by-law under Sub-Section (c) or (d), the resolution shall be without prejudice to the validity of any action previously taken under the relevant rule, regulation or by-law.

[Zunetta Herbert]

 JICA in Naypyidaw are working on trying to map out existing laws to 'rationalise' them try kenta....@jicalegalproject.com 

Zunetta