Available in Russian
Author: Vladislav Tolstykh
DOI: 10.21128/1812-7126-2023-3-105-122
Keywords: сomparative law; constitutionalism; Southeast Asia; Buddhism; Theravada; monastic law; religious organizations; church tribunals
The article is devoted to the interaction of Buddhism and law in Myanmar (Burma). It consistently examines the ideas of Burmese Buddhists about politics, the history of relations between the Burmese sangha and the state, the current situation (including the events that followed the 2021 coup d’état), the legal instruments for protecting religion, and the organization and practice of church tribunals (Vinicchaya courts). The subjects of the analysis are political and legal concepts, political events, normative legal acts (the Constitutions of 1947, 1974, 2008, the Law Relating to the Sangha Organization, laws on the protection of race and religion, etc.) and the judgements of state courts and Vinicchaya courts. Compared with the legal systems of other Theravada states, the Burmese legal system seems to be the most complex in the part concerning the regulation of religious issues. These issues, along with issues of national policy, are the main ones that concern Burmese society and determine the legal policy of the state. Since Myanmar’sindependence, its political system has been in a state of constant turbulence: democratic institutions have been undeveloped and not had an organic basis in the legal consciousness of the population, while military regimes have not ensured the prosperity of the country or gained a sufficient degree of legitimacy and so have provoked mass resistance. Under these conditions, the sangha is an important guarantor of stability and in fact acts as an independent branch of power: it maintains a constant dialogue with the government, provides it with legitimacy, and restrains its authoritarian aspirations, while forming its own position on political issues and defending them in the legislative process. The reverse side of this activity is the politicization of the Sangha, which has a restraining effect on the development of Buddhist doctrine and practice and, ultimately, might lead to a decrease in the importance of Buddhism and to the further secularization of society.
About the author: Vladislav Tolstykh – Doctor of Sciences in Law, Professor, Department of International Law, MGIMO of the Ministry of Foreign Affairs of Russia; Chief Researcher, Institute of Oriental Studies, Russian Academy of Sciences, Moscow, Russia.
Citation: Tolstykh V. (2023) Rol’ Sasany i Sangkhi v razvitii politicheskoy i pravovoy sistemy M’yanmy (Birmy) [The role of Śāsana and Sangha in the development of the political and legal system of Myanmar (Burma)]. Sravnitel’noe konstitutsionnoe obozrenie, vol. 32, no. 3, pp. 105–122. (In Russian).
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