Administrative Enforcement in Myanmar: A Comparative Study of Legal Mechanisms for Government Enforcement Action

Abstract

This article examined the legal measures to take legal enforcement actions by authorities against individuals for those who non-compliance with legal prescriptions issued by the regulator state. There were administrative enforcement systems that were used in several nations, but Myanmar neither adopts them nor offers a measure that was comparable to them.  Although Myanmar’s Constitution served as the legal basis for all public actions, there was no clear indication of the legitimate administration connected to a real possibility of the decision-making process. The notion and legislation from the United Kingdom, Germany, and France on the administrative enforcement system were presented in this paper, together with an analysis to apply to the ongoing issues in Myanmar. The authors suggested that Myanmar statutes should provide specific provisions for liability of administrative actions because the current nature of enforcement by administrative bodies depended on their specific areas of statutes. As a result, the enforcement mechanism will be increased by justification since the authorities were constrained by the authorizing statutes through standardized enforcement procedures. Therefore, it is required to have an administrative framework for developing new criteria for governmental organizations, encouraging individuals to acknowledge more enforcement information, and ultimately leading to an effective enforcement mechanism.