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Objective Type Chapter I


1. A -------- is a society politically organized. (a) (b) (c) society state (/) political

2. When men are associated politically these rules and regulations are called --------. (a) (b) (c) Laws (/) Rules Regulations

3. --------- defined that a state is the fundamental association for the maintenance and development of social order, and to this end its central institution is endowed. (a) (b) (c) Prof. Hetherington Prof. Maciver (/) Woodraw Wilson

4. ------- said that the state is the institution or set of institutions which in order to secure certain elementary common purposes and conditions of life, unites under a single authority. (a) Prof. Hetherington (/)

(b) Prof. MacIver (c) Woodrow Wilson 5. What kinds of Classification relating to Constitution are there? (a) 5 (/) (b) 6 (c) 7 6. The state is often regarded as composed of ------- elements. (a) one (b) two (c) three (/) 7. Is the U.K (Great Britain) a parliamentary -------? (a) federal State (b) unitary State (/) (c) unitary of federal

8. Is the U.S.A a presidential ---------? (a) unitary State (b) federal State (/) (c) unitary of federal 9. The -------elected by citizens having the right to vote exercises the sovereign power invested.

(a) Pyithu Hluttaw (/) (b) Amyo Tha Hluttaw (c) Pyi Daung Su Hluttaw 10. The ------- of Union Parliament through Notification No 4 was done away with the Legislature under Revolutionary Council. (a) dissolution (/) (b) replace (c) provision 11. The Constitution of the Socialist Republic of the Union of (Myanmar) was adopted in ------. (a) 1974 (/) (b) 1947 (c) 1962 12. Drafting Commission of ----- members for 1974 Constitution was formed in September 1971. (a) 95 (b) 96 (c) 97 (/) 13. The -------are elected by citizens having the right to vote exercises the sovereign power invested in it by the people.

(a) members of Pyithu Hluttaw (/) (b) members of Amyo Tha Hluttaw (c) members of Pyi Daung Su Hluttaw 14. The Pyithu Hluttaw was formed with Peoples ---------elected directly by secret ballot by citizens who have the right to vote under 1974 Constitution. (a) members (b) representatives (/) (c) society

16. The Peoples representatives elected for the Pyithu Hluttaw are over ------ under the 1974 Constitution. (a) 400 (/) (b) 500 (c) 600 17. Persons having attained the age of ----- years were eligible to stand for election as peoples representatives under the 1974 Constitution. (a) 18 (b) 28 (/) (c) 38

18. The regular term of the Pyithu Hluttaw was ------- under the 1974 Constitution. (a) two years (b) three years (c) four years (/)

19. The Council of Peoples Justices was the highest -----organ of the State under the 1974 Constitution. (a) legislative (b) executive (c) judicial (/) 20. The State Law and Order Restoration Council abolished --------- and socialist economic system. (a) single party system (/) (b) economic system (c) multi-party system 21. How many various levels are there the State Law and Order Restoration Councils? (a) 3 (b) 4 (/) (c) 5

22. In ------------,a Selection Committee on Legal Education urged that administrative law was a subject fit to be taught at Universities in England. (a) (b) (c) 23. (a) (b) (c) 1945 1946 ( / ) 1947 In the ------------ legislative power is vested in the Congress. Japan USA ( / ) England

24. Delegated or Subordinate Legislation is done by the legislative power of the administration given by the ---------------. (a) (b) (c) 25. King Parliament ( / ) Executive authority Subordinate legislation is made in the form of statutory instruments

and therefore it is called -------------. (a) (b) (c) Natural law Ancient law Statute law (/)

26.

The growth of subordinate legislation can be seen from the number

of instruments published by the Stationary Office of -------------. (a) (b) (c) UK ( / ) USA Germany

27. A.W.Broadly said that in his Constitutional and Administrative Law that the Administrative Law is a branch of ----------. (a) (b) (c) public law ( / ) private law common law

28. The ------------- is to determine disputed question of fact and law in accordance with the law lay down by Parliament and expounded by the Courts. (a) (b) (c) legislative function executive function judicial function ( / )

29. The US Constitution vests legislative powers in -----------. (a) (b) (c) the President Congress ( / ) the Supreme Court

30.The US Constitution vests executive powers in --------- . (a) (b) (c) the President ( / ) Congress the Supreme Court

Short Questions Chapter1. 1. How is the relationship between the Law and the State? Ans; All associations make rules and regulations for their conduct, and when men are associated politically these rules and regulations are called laws, the power to make these being the prerogative of the state. So, Prof. Maciver defined that a state is the fundamental association for the maintenance and development of social order, and to this end its central institution is endowed with the united power of the community. Prof. Hetherington said that the state is the institution or set of institutions which in order to secure certain elementary common purposes and conditions of life, unites under a single authority the inhabitants of a clearly-marked territorial area. 2. Describe the nature of Judiciary. Ans; The judiciary is the department concerned with the infliction of penalties upon those who infringe the law which may be either passed in

the form of statutes by the legislature or permitted by it to exist. The judiciary always consists of a body of judges acting individually or in group at the centre, or in outlaying parts, of the state. The powers of judges greatly vary from one state to another. Judicial system is differed in common law family, civil law family, and socialist law family. Chapter 2. 3. How do you the classify Constitution under the Constitutional Law? Ans; According to C.F STRONG, Constitution can be classified in five ways. (i.) classified by nature of State; (ii.) classified by nature of Constitution; (iii.) classified by nature of Legislature; (iv.) classified by nature of Executive; (v.) classified by nature of Judiciary; Chapter 4. 3. Describe the role of Chief Court under the Revolutionary Council. Ans; The highest judicial body was the Chief Court of the Union of Myanmar which replaced the Supreme Court and the High Court. It exercised all the powers and duties conferred and imposed on the defunct according to C.F STRONG

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Supreme Court and High Court under the existing laws. It was the final appellate Court. It also had the power to issue writ of certiorari. Special Crime Tribunals were also formed. Chapter 5. 4. Describe the role of Council of Peoples Inspectors under 1974 Constitution. Ans; The Council of Peoples Inspectors was the highest organ of inspection of public undertakings. The Pyithu Hluttaw elected members of the Council of Peoples Inspectors from among those members of the Pyithu Hluttaw named on the list submitted collectively by members of the Council of State. The Council of Peoples Inspectors was responsible to the Pyithu Hluttaw, and to the Council of State when the Pyithu Hluttaw was not in session. It conducted inspections to determine whether the activities of the local organs of State Power. Ministries, Bodies of Public Servicers and such other organization as might be prescribed by law proved beneficial to the interest of the public. Chapter 6. 6. Write short notes on the Salient basic principles Laid down by National Convention on 16th September 1993?

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Ans; On 16 September 1993, National convention adopted guidelines and basic principles for the drafting of new constitution. Salient features of the basic for the new constitution are as follows: - muiti-party democratic state based on the political democracy; - market-oriented economic system: - separation of power (Check and balance); - equally constituted regions and states forming the Union; - local self-administered areas; - right of secession from Union is not permitted; - presidential system and bicameral legislature; - independence of judiciary; - Tatmadaws role in National Political leadership; setting up of the Constitutional Tribunal.Totally, 104 basic principles for the new constitution have been laid down by the national Convention on 16
th

September,1993. National Convention will resume its session on January, 1994. Chapter 7. 5. Briefly explain the State structure of 2008 Constitution. Ans; State structure of the Constitution of the Republic of the Union of Myanmar is defined Chapter II of the Constitution. According to the

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relevant provisions the Union consists of seven Regions, seven States and the Union territories as follows:(a) Kachin State;

(b) Kayah State; (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) Kayin State; Chin State; Sagaing Region; Taninthayi Region; Bago Region; Magway Region; Mandalay Region; Mon State; Rakhine State; Yangon Region; Shan State; Ayeyawady Region; Union territories. (Art 49)

.Nay Pyi Taw, the capital of the Union prescribed as Union territory shall be under the direct administration of the President. (Art 50 a) 7.4 6. State the composition of Pyidaungsu Hluttaw under 2008 Constitution

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Ans;

Pyidaungsu Hluttaw is the highest organ of legislative power.

Pyidaungsu Hluttaw consists of two Hluttaws that are Pyithu Hluttaw and Amyotha Hluttaw. The Pyithu Hluttaw is formed with hluttaw representatives elected on the basis of township as well as population and hluttaw representatives being the defence services personal nominative by the Commander in Chief of the Defence Services. The Amyotha Hluttaw is formed with hluttaw representatives elected in equal members from Regions and States and hluttaw representatives being the defence services personal nominative by the Commander in Chief of the Defence Services. 7. Describe the formation of the Union Government under 2008 Constitution. Ans; The Union Government shall comprise of the following persons:(a) The President; (b) Vice-Presidents; (c) Ministers of the Union; (d) The Attorney-General of the Union. (Art 200)

9. Define the meaning of Administrative Law by Sir Ivor Jenning.


Ans; Sir Ivor Jenning has written; Administrative law is the law relating to the Administration. It determines the organization powers and

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duties of administrative authorities. This is the most commonly accepted definition in 1960s, but it is not the satisfactory one, because which in its usual meaning. 10. Define the term Administrative Law by S.A.de Smith. Ans; S.A de Smith said that we can take it to mean the law relating to public administration. In other words, it is the law relating to the organization, composition, functions and procedures of public authorities and special statutory tribunals, their impact on citizens.

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