Today, there is a growing interest in constitutionalism in authoritarian and hybrid regimes. Yet there is little consideration of how the organization of power in colonial constitutions shapes the configuration of authority in post-colonial hybrid constitutions. This paper studies the military as a constitutional actor in post-colonial tutelary regimes. Myanmar and Pakistan make an ideal comparative study, since both are former British colonies, where the military has assumed a tutelary role in the constitutional orders, but this role has taken different forms in the two states. In this paper, I explain the ways in which colonial constitutions and their underlying rationales, shaped the post-colonial separation and distribution of power between elected and unelected institutions and the form of the military’s tutelary role. By tracing the colonial origins of post-colonial hybrid constitutions, I seek to bring empire into the study of authoritarian and hybrid constitutionalism today.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!