iba human rights institute workshop 28-30 october 2014, naypyitaw laws regulating the legal...
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IBA Human Rights Institute Workshop 28-30 October 2014, Naypyitaw
Laws Regulating the Legal Profession: A Comparative Review from Around the World
The Law on Myanmar BA:Applying quality of legislation
Professor Dr. Helen Xanthaki, IALS (UoL)
HIERARCHICAL PYRAMID OF LAW-MAKING VIRTUES
Efficacy
Effectiveness
Efficiency Clarity Precision
Unambiguity
Simplicity/plain language Gender neutral language
Why do it? Efficacy I To reinforce and apply the rule of law, democracy,
and human rights for citizens and lawyers by implementing
Natural justice Access to justice Fair trial Lawyer/client confidentiality Freedom of expression Freedom of association
To strengthen the system of justice in Myanmar To enable confidence in the justice system for
Citizens Foreign investors The international community
How do we do this then? By strengthening the role of lawyers as
Independent Professionals Acting as public servants of justice
And by awarding lawyers professional standing as respected actors in the justice process pre during and post trial
And by recognising and ring-fencing their rights as citizens.
Specifically By establishing Myanmar Bar Association
Independent from the state and prosecutors
Self governing Financially sustainable National With continuity between current and
future members
So what is the proposal?
A Law establishing clearly, precisely, and unambiguously: The relationship between lawyers and clients/citizens, the
executive, the judiciary, and the legislature The functions, duties, and responsibilities of lawyers Ethics for lawyers Membership qualifications [insurance?] Education and training as a means of continuing professional
development Representation/election of officers of the MB Functions and duties of the MBA [law reform? legal aid?] Disciplinary proceedings/suspension/permanent disqualification Funding [fees or state or both?]