Since the coup conducted by the Myanmar military on 1 February 2021, the military regime has attempted to portray itself as the country’s legitimate government by arguing that it is adhering to the 2008 Constitution. Although constitutional authority is only one dimension of the current struggle to restore democratic governance in Myanmar, it is important to demonstrate why the military’s seizure of power was unconstitutional, and therefore why the military regime and its actions and decisions have no constitutional authority.

This Brief was developed to enable a better understanding of the unconstitutionality of the military coup in Myanmar. It helps deconstruct the military regime’s claim that it is adhering to the 2008 Constitution.


Publication date
29 March 2022
Thibaut Noel
Number of pages
978-91-7671-532-1 (PDF)




1. Background: From the 2020 general elections to the military coup

2. The military’s declaration of a state of emergency violates Myanmar’s 2008 constitution

3. All subsequent actions and decisions made by the military regime are unconstitutional

4. Conclusion


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Unconstitutionality of the 2021 Military Coup in Myanmar

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