There is an important principle of law or legal maxim “Ubi lex voluit, dicit {dixit}; ubi noluit, tacit” i.e. “if the law means something, it says it; if it does not mean something, it does not say it”.
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When I saw this quotation in a statement of the State Counsellor Office released on 13th April 2018, all of a sudden, the debate of the State Counsellor bill in the parliament came to my mind. Some MPs tried to reject the bill since they believed that the constitution DOES NOT SAY anything about the creation of the post. However, what the NLD tried to convince others was that the constitution does not prevent the creation of the post and it does mean they have the right to create the post. In fact, the creation of the State Counsellor post definitely goes against the said maxim as the constitution DOES NOT SAY anything about it. Therefore, the State Counsellor Law deems totally unconstitutional.
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Photo credit: Global New Light of Myanmar, 2 April 2016
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