72 Towards a new state in Myanmar Michael Lidauer Introduction The state in Myanmar has gone through several incarnations since pre- colonial times. 1 After decades of military rule (1958–60, 1962–74, 1988– 2010) and/or one-party-regime (1974–88), the 2008 Constitution of the Republic of the Union of Myanmar establishes the basis for new gov- ernmental institutions and new modes of governance. This constitution – the third for the country following those from 1947 and 1974 2 – has been heavily criticized by democracy activists and opposition parties inside the country and by the international community for not meeting basic international standards for democratic governance. The strong role of the military, in particular the provision for reserved seats in the legislature, has been especially criticized. In fact, the question whether to accept the new constitution as a preliminary framework – that could provide a transitional pathway, opening a window of opportunity for opposition forces to re-engage in politics – was a question of principle for political parties prior to the 2010 elections. These elections were held on the basis of the new constitution. Several parties split over this question, some deciding on a boycott while splinter groups or newly founded parties decided to contest the polls. Yet, the new constitution and all associated questions have to be viewed in historical context. Public protests in 1988 had brought about the end of General Ne Win’s regime and the coming to power of the mili- tary State Law and Order Restoration Council (SLORC), later renamed the State Peace and Development Council (SPDC). The protestors had 1. For historical accounts of these transformations until today, see for example Taylor (2009). 2. For a comparison of the three constitutions by a legal practitioner from Myanmar, see The New Light of Myanmar, 27 October 2013, Volume XXI, Number 194, online: <http:// issuu.com/npedaily/docs/27.oct_.13_nlm>, accessed on 28 October 2013.