Soldiers, state, and constitution in post-Junta Myanmar: back to Praetorianism

Abstract

This paper explores the evolving political role of the Myanmar armed forces since the adoption of the 2008 Constitution and the subsequent military/civil transition engaged in 2011. It moves beyond transition and democratization studies and rediscovers theories of the “praetorian state” to apply them to the post-junta constitutional politics in Myanmar. Armed forces in transitional polities, the literature on praetorianism informs us, still aim to keep an eye on policymaking – mostly thanks to military-sanctioned Constitutions or through more subtle ways of political, social and corporate intervention. This paper therefore demonstrates how the Myanmar army still enjoys in a post-SPDC context the legal instruments, networks and political leverage to intrude as a “praetorian ruler” into state affairs, notably through the provisions of the 2008 Constitution. It argues that, instead of a direct military rule (as observed until 2011), “praetorian” practices will be rediscovered in the 2010s thanks to the constitutional prerogatives the Myanmar military institution has secured after a decade-long Constitution-drafting process. Indeed, whilst keeping vested interests in the newly formed post-junta and civilian-led executive and legislative powers, the Myanmar army seems however willing to now stay away from day-to-day politics. Gradually tolerating a greater policy role for civilians, it will nonetheless continue to shape, through various types of praetorian interventions, Myanmar’s foreign and domestic policies, as well as influence future reforms.