precluded from becoming a citizen of Myanmar. Other constitutional privileges afforded to members of “national races” include having representation at ministerial level in State and Region parliaments. 51 While the Constitution does not clearly protect the right to nationality, section 345 does not preclude other persons from qualifying for citizenship if this is permitted by other laws. 52 While not included in the 1982 Law, each of the three 1983 Citizenship Procedures include provisions related to the “citizenship scrutiny card” and a “Scrutiny Body.” 53 2008 Constitution, section 96, read together with schedule one of the Union Legislative List (section 10(j)). 54 Ibid, section 11(a): “The three branches of sovereign power namely, legislative power, executive power and judicial power are separated, to the extent possible, [emphasis added] and exert reciprocal control, check and balance among themselves.” 55 Ibid, sections 19 and 381. 56 Ibid, section 19(c). 57 Ibid, sections 18, 296 and 378. See also: Melissa Crouch, “Access to Justice and Administrative Law in Myanmar,” USAID Promoting the Rule of Law Project, 2014, pp. 214. 58 Ibid, section 97(b). 59 Ibid. Section 46 establishes a Constitutional Tribunal to, inter alia, “interpret the provisions of the Constitution.” See also Chapter 6 of the Constitution. 60 Ibid, sections 108, 209 and 456. 61 1982 Citizenship Law, Sections 67—69. 62 The Commander-in-Chief of the Tatmadaw appoints high-ranking military personnel to three key security-related ministries, as per section 232(Bii) of the 2008 Constitution. On the Central Body established by the 1982 Citizenship Law, a secretary joins the body as may a deputy secretary. See: State Peace and Development Council, The Law Amending the Myanmar Citizenship Law, (The State Peace and Development Council Law No 4/97), Section 3. 63 A village tract may consist of anywhere from one to around ten villages. On the roles of authorities at this level, see for example section 12 of the 1983 Citizenship Procedures, Notification 13/83. 64 Terms used to describe government functions have changed over the years to reflect law and governance arrangements. Myanmar law related to legal expressions provides guidance on how to interpret the names of pre-existing State entities in a contemporary context. The term “Council of State” was replaced by the “State Law and Order Restoration Council,” under section 2(b) of the 1988 Adaptation of Expressions Law. Subsequently, this term was replaced by the “State Peace and Development Council,” under section 2(a) of the 1997 Adaptation of Expressions Law. The term was again changed, under section 2(c) of the 2011 Law Relating to the Adaptation of Expressions, to “The President or the Union Government.”] 65 Under the 1982 Law this power is vested in the “Council of State,” and is now vested in the “President or the Union Government.” The “Union Government” consists of: the President; two Vice-Presidents; 23 individual persons who serve as Union Ministers; and the Union Attorney General (total of 27 individuals). Office of the President, “Reorganization of Union Government,” Notification 1/2018 (30 March 2018). 66 The 2008 Constitution contains several references to “national races” and this is also a commonly used colloquial term in Myanmar. See the text box above. 67 Section 3 of the 1982 Law reads: “Nationals such as the Kachin, Kayah, Karen, Chin, Burman, Mon, Rakhine or Shan and ethnic groups as have settled in any of the territories included within the State as their permanent home from a period anterior to 1185 B.E., 1823 A.D. are Burma citizens.” Section 4 of the 1983 Citizenship Procedures states, “The First Anglo-Burmese War broke out in 1824. In the aftermath of that period, many foreigners migrated into the State, and therefore, the period before 1185 M.E. or 1823 A.D is demarcated.” 68 1982 Citizenship Law, section 6: “A person who is already a citizen on the date this Law comes into force is a citizen. Action however, shall, be taken under section 18 for infringement of the provision of that section.” 69 This criteria is convoluted. Section 4 of the 1982 Law empowers authorities to determine eligibility for citizenship without reference to this criteria; this authority is re-stated and elaborated upon in section 9 of each the 1983 Citizenship Procedures. 70 1982 Citizenship Law, section 5: “Every national and every person born of parents, both of whom are nationals are citizens by birth.” 22