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A number of world-leading education institutions are based in London. In the 2014/15 QS World University Rankings, Imperial College London is ranked joint 2nd in the world (alongside The University of Cambridge), University College London (UCL) is ranked 5th, and King's College London (KCL) is ranked 16th. The London School of Economics has been described as the world's leading social science institution for both teaching and research. The London Business School is considered one of the world's leading business schools and in 2015 its MBA programme was ranked second best in the world by the Financial Times.
With 120,000 students in London, the federal University of London is the largest contact teaching university in the UK. It includes four large multi-faculty universities – King's College London, Queen Mary, Royal Holloway and UCL – and a number of smaller and more specialised institutions including Birkbeck, the Courtauld Institute of Art, Goldsmiths, Guildhall School of Music and Drama, the Institute of Education, the London Business School, the London School of Economics, the London School of Hygiene & Tropical Medicine, the Royal Academy of Music, the Central School of Speech and Drama, the Royal Veterinary College and the School of Oriental and African Studies. Members of the University of London have their own admissions procedures, and some award their own degrees.
A number of universities in London are outside the University of London system, including Brunel University, City University London, Imperial College London, Kingston University, London Metropolitan University, Middlesex University, University of East London, University of West London and University of Westminster, (with over 34,000 students, the largest unitary university in London), London South Bank University, Middlesex University, University of the Arts London (the largest university of art, design, fashion, communication and the performing arts in Europe), University of East London, the University of West London and the University of Westminster. In addition there are three international universities in London – Regent's University London, Richmond, The American International University in London and Schiller International University.
London is home to five major medical schools – Barts and The London School of Medicine and Dentistry (part of Queen Mary), King's College London School of Medicine (the largest medical school in Europe), Imperial College School of Medicine, UCL Medical School and St George's, University of London – and has a large number of affiliated teaching hospitals. It is also a major centre for biomedical research, and three of the UK's five academic health science centres are based in the city – Imperial College Healthcare, King's Health Partners and UCL Partners (the largest such centre in Europe).
There are a number of business schools in London, including the London School of Business and Finance, Cass Business School (part of City University London), Hult International Business School, ESCP Europe, European Business School London, Imperial College Business School and the London Business School. London is also home to many specialist arts education institutions, including the Academy of Live and Recorded Arts, Central School of Ballet, LAMDA, London College of Contemporary Arts (LCCA), London Contemporary Dance School, National Centre for Circus Arts, RADA, Rambert School of Ballet and Contemporary Dance, the Royal College of Art, the Royal College of Music and Trinity Laban.
The majority of primary and secondary schools and further-education colleges in London are controlled by the London boroughs or otherwise state-funded; leading examples include City and Islington College, Ealing, Hammersmith and West London College, Leyton Sixth Form College, Tower Hamlets College and Bethnal Green Academy. There are also a number of private schools and colleges in London, some old and famous, such as City of London School, Harrow, St Paul's School, Haberdashers' Aske's Boys' School, University College School, The John Lyon School, Highgate School and Westminster School.
Within the City of Westminster in London the entertainment district of the West End has its focus around Leicester Square, where London and world film premieres are held, and Piccadilly Circus, with its giant electronic advertisements. London's theatre district is here, as are many cinemas, bars, clubs and restaurants, including the city's Chinatown district (in Soho), and just to the east is Covent Garden, an area housing speciality shops. The city is the home of Andrew Lloyd Webber, whose musicals have dominated the West End theatre since the late 20th century. The United Kingdom's Royal Ballet, English National Ballet, Royal Opera and English National Opera are based in London and perform at the Royal Opera House, the London Coliseum, Sadler's Wells Theatre and the Royal Albert Hall as well as touring the country.
Islington's 1 mile (1.6 km) long Upper Street, extending northwards from Angel, has more bars and restaurants than any other street in the United Kingdom. Europe's busiest shopping area is Oxford Street, a shopping street nearly 1 mile (1.6 km) long, making it the longest shopping street in the United Kingdom. Oxford Street is home to vast numbers of retailers and department stores, including the world-famous Selfridges flagship store. Knightsbridge, home to the equally renowned Harrods department store, lies to the south-west.
There is a variety of annual events, beginning with the relatively new New Year's Day Parade, fireworks display at the London Eye, the world's second largest street party, the Notting Hill Carnival is held during the late August Bank Holiday each year. Traditional parades include November's Lord Mayor's Show, a centuries-old event celebrating the annual appointment of a new Lord Mayor of the City of London with a procession along the streets of the City, and June's Trooping the Colour, a formal military pageant performed by regiments of the Commonwealth and British armies to celebrate the Queen's Official Birthday.
London has been the setting for many works of literature. The literary centres of London have traditionally been hilly Hampstead and (since the early 20th century) Bloomsbury. Writers closely associated with the city are the diarist Samuel Pepys, noted for his eyewitness account of the Great Fire, Charles Dickens, whose representation of a foggy, snowy, grimy London of street sweepers and pickpockets has been a major influence on people's vision of early Victorian London, and Virginia Woolf, regarded as one of the foremost modernist literary figures of the 20th century.
The pilgrims in Geoffrey Chaucer's late 14th-century Canterbury Tales set out for Canterbury from London – specifically, from the Tabard inn, Southwark. William Shakespeare spent a large part of his life living and working in London; his contemporary Ben Jonson was also based there, and some of his work—most notably his play The Alchemist—was set in the city. A Journal of the Plague Year (1722) by Daniel Defoe is a fictionalisation of the events of the 1665 Great Plague. Later important depictions of London from the 19th and early 20th centuries are Dickens' novels, and Arthur Conan Doyle's Sherlock Holmes stories. Modern writers pervasively influenced by the city include Peter Ackroyd, author of a "biography" of London, and Iain Sinclair, who writes in the genre of psychogeography.
London has played a significant role in the film industry, and has major studios at Ealing and a special effects and post-production community centred in Soho. Working Title Films has its headquarters in London. London has been the setting for films including Oliver Twist (1948), Scrooge (1951), Peter Pan (1953), The 101 Dalmatians (1961), My Fair Lady (1964), Mary Poppins (1964), Blowup (1966), The Long Good Friday (1980), Notting Hill (1999), Love Actually (2003), V For Vendetta (2005), Sweeney Todd: The Demon Barber Of Fleet Street (2008) and The King's Speech (2010). Notable actors and filmmakers from London include; Charlie Chaplin, Alfred Hitchcock, Michael Caine, Helen Mirren, Gary Oldman, Christopher Nolan, Jude Law, Tom Hardy, Keira Knightley and Daniel Day-Lewis. As of 2008[update], the British Academy Film Awards have taken place at the Royal Opera House. London is a major centre for television production, with studios including BBC Television Centre, The Fountain Studios and The London Studios. Many television programmes have been set in London, including the popular television soap opera EastEnders, broadcast by the BBC since 1985.
London is home to many museums, galleries, and other institutions, many of which are free of admission charges and are major tourist attractions as well as playing a research role. The first of these to be established was the British Museum in Bloomsbury, in 1753. Originally containing antiquities, natural history specimens and the national library, the museum now has 7 million artefacts from around the globe. In 1824 the National Gallery was founded to house the British national collection of Western paintings; this now occupies a prominent position in Trafalgar Square.
In the latter half of the 19th century the locale of South Kensington was developed as "Albertopolis", a cultural and scientific quarter. Three major national museums are there: the Victoria and Albert Museum (for the applied arts), the Natural History Museum and the Science Museum. The National Portrait Gallery was founded in 1856 to house depictions of figures from British history; its holdings now comprise the world's most extensive collection of portraits. The national gallery of British art is at Tate Britain, originally established as an annexe of the National Gallery in 1897. The Tate Gallery, as it was formerly known, also became a major centre for modern art; in 2000 this collection moved to Tate Modern, a new gallery housed in the former Bankside Power Station.
London is one of the major classical and popular music capitals of the world and is home to major music corporations, such as EMI and Warner Music Group as well as countless bands, musicians and industry professionals. The city is also home to many orchestras and concert halls, such as the Barbican Arts Centre (principal base of the London Symphony Orchestra and the London Symphony Chorus), Cadogan Hall (Royal Philharmonic Orchestra) and the Royal Albert Hall (The Proms). London's two main opera houses are the Royal Opera House and the London Coliseum. The UK's largest pipe organ is at the Royal Albert Hall. Other significant instruments are at the cathedrals and major churches. Several conservatoires are within the city: Royal Academy of Music, Royal College of Music, Guildhall School of Music and Drama and Trinity Laban.
London has numerous venues for rock and pop concerts, including the world's busiest arena the o2 arena and other large arenas such as Earls Court, Wembley Arena, as well as many mid-sized venues, such as Brixton Academy, the Hammersmith Apollo and the Shepherd's Bush Empire. Several music festivals, including the Wireless Festival, South West Four, Lovebox, and Hyde Park's British Summer Time are all held in London. The city is home to the first and original Hard Rock Cafe and the Abbey Road Studios where The Beatles recorded many of their hits. In the 1960s, 1970s and 1980s, musicians and groups like Elton John, Pink Floyd, David Bowie, Queen, The Kinks, The Rolling Stones, The Who, Eric Clapton, Led Zeppelin, The Small Faces, Iron Maiden, Fleetwood Mac, Elvis Costello, Cat Stevens, The Police, The Cure, Madness, The Jam, Dusty Springfield, Phil Collins, Rod Stewart and Sade, derived their sound from the streets and rhythms vibrating through London.
London was instrumental in the development of punk music, with figures such as the Sex Pistols, The Clash, and Vivienne Westwood all based in the city. More recent artists to emerge from the London music scene include George Michael, Kate Bush, Seal, Siouxsie and the Banshees, Bush, the Spice Girls, Jamiroquai, Blur, The Prodigy, Gorillaz, Mumford & Sons, Coldplay, Amy Winehouse, Adele, Ed Sheeran and One Direction. London is also a centre for urban music. In particular the genres UK garage, drum and bass, dubstep and grime evolved in the city from the foreign genres of hip hop and reggae, alongside local drum and bass. Black music station BBC Radio 1Xtra was set up to support the rise of home-grown urban music both in London and in the rest of the UK.
The largest parks in the central area of London are three of the eight Royal Parks, namely Hyde Park and its neighbour Kensington Gardens in the west, and Regent's Park to the north. Hyde Park in particular is popular for sports and sometimes hosts open-air concerts. Regent's Park contains London Zoo, the world's oldest scientific zoo, and is near the tourist attraction of Madame Tussauds Wax Museum. Primrose Hill in the northern part of Regent's Park at 256 feet (78 m) is a popular spot to view the city skyline.
Close to Richmond Park is Kew Gardens which has the world's largest collection of living plants. In 2003, the gardens were put on the UNESCO list of World Heritage Sites. There are also numerous parks administered by London's borough Councils, including Victoria Park in the East End and Battersea Park in the centre. Some more informal, semi-natural open spaces also exist, including the 320-hectare (790-acre) Hampstead Heath of North London, and Epping Forest, which covers 2,476 hectares (6,118.32 acres) in the east. Both are controlled by the City of London Corporation. Hampstead Heath incorporates Kenwood House, the former stately home and a popular location in the summer months where classical musical concerts are held by the lake, attracting thousands of people every weekend to enjoy the music, scenery and fireworks. Epping Forest is a popular venue for various outdoor activities, including mountain biking, walking, horse riding, golf, angling, and orienteering.
Walking is a popular recreational activity in London. Areas that provide for walks include Wimbledon Common, Epping Forest, Hampton Court Park, Hampstead Heath, the eight Royal Parks, canals and disused railway tracks. Access to canals and rivers has improved recently, including the creation of the Thames Path, some 28 miles (45 km) of which is within Greater London, and The Wandle Trail; this runs 12 miles (19 km) through South London along the River Wandle, a tributary of the River Thames. Other long distance paths, linking green spaces, have also been created, including the Capital Ring, the Green Chain Walk, London Outer Orbital Path ("Loop"), Jubilee Walkway, Lea Valley Walk, and the Diana, Princess of Wales Memorial Walk.
London's most popular sport is football and it has fourteen League football clubs, including five in the Premier League: Arsenal, Chelsea, Crystal Palace, Tottenham Hotspur, and West Ham United. Among other professional teams based in London include Fulham, Queens Park Rangers, Millwall and Charlton Athletic. In May 2012, Chelsea became the first London club to win the UEFA Champions League. Aside from Arsenal, Chelsea and Tottenham, none of the other London clubs have ever won the national league title.
Three Aviva Premiership rugby union teams are based in London, (London Irish, Saracens, and Harlequins), although currently only Harlequins and Saracens play their home games within Greater London. London Scottish and London Welsh play in the RFU Championship club and other rugby union clubs in the city include Richmond F.C., Rosslyn Park F.C., Westcombe Park R.F.C. and Blackheath F.C.. Twickenham Stadium in south-west London is the national rugby union stadium, and has a capacity of 82,000 now that the new south stand has been completed.
London is the world's most expensive office market for the last three years according to world property journal (2015) report. As of 2015[update] the residential property in London is worth $2.2 trillion - same value as that of Brazil annual GDP. The city has the highest property prices of any European city according to the Office for National Statistics and the European Office of Statistics. On average the price per square metre in central London is €24,252 (April 2014). This is higher than the property prices in other G8 European capital cities; Berlin €3,306, Rome €6,188 and Paris €11,229.
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.
Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual-sovereign system of American federalism (actually tripartite because of the presence of Indian reservations), states are the plenary sovereigns, each with their own constitution, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus, most U.S. law (especially the actual "living law" of contract, tort, property, criminal, and family law experienced by the majority of citizens on a day-to-day basis) consists primarily of state law, which can and does vary greatly from one state to the next.
Notably, a statute does not disappear automatically merely because it has been found unconstitutional; it must be deleted by a subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, and any court that does so will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute (where such constitutionality has been expressly established in prior cases) will risk reversal by the Supreme Court.
Notably, the most broadly influential innovation of 20th-century American tort law was the rule of strict liability for defective products, which originated with judicial glosses on the law of warranty. In 1963, Roger J. Traynor of the Supreme Court of California threw away legal fictions based on warranties and imposed strict liability for defective products as a matter of public policy in the landmark case of Greenman v. Yuba Power Products. The American Law Institute subsequently adopted a slightly different version of the Greenman rule in Section 402A of the Restatement (Second) of Torts, which was published in 1964 and was very influential throughout the United States. Outside the U.S., the rule was adopted by the European Economic Community in the Product Liability Directive of July 1985 by Australia in July 1992 and by Japan in June 1994.
Tort law covers the entire imaginable spectrum of wrongs which humans can inflict upon each other, and of course, partially overlaps with wrongs also punishable by criminal law. Although the American Law Institute has attempted to standardize tort law through the development of several versions of the Restatement of Torts, many states have chosen to adopt only certain sections of the Restatements and to reject others. Thus, because of its immense size and diversity, American tort law cannot be easily summarized.
However, it is important to understand that despite the presence of reception statutes, much of contemporary American common law has diverged significantly from English common law. The reason is that although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution Commonwealth rulings unless there is no American ruling on point, the facts and law at issue are nearly identical, and the reasoning is strongly persuasive.
The actual substance of English law was formally "received" into the United States in several ways. First, all U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers.
Early on, American courts, even after the Revolution, often did cite contemporary English cases. This was because appellate decisions from many American courts were not regularly reported until the mid-19th century; lawyers and judges, as creatures of habit, used English legal materials to fill the gap. But citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879 one of the delegates to the California constitutional convention was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already."
Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce. The United States Code is the official compilation and codification of the general and permanent federal statutes. Many statutes give executive branch agencies the power to create regulations, which are published in the Federal Register and codified into the Code of Federal Regulations. Regulations generally also carry the force of law under the Chevron doctrine. Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of stare decisis.
During the 18th and 19th centuries, federal law traditionally focused on areas where there was an express grant of power to the federal government in the federal Constitution, like the military, money, foreign relations (especially international treaties), tariffs, intellectual property (specifically patents and copyrights), and mail. Since the start of the 20th century, broad interpretations of the Commerce and Spending Clauses of the Constitution have enabled federal law to expand into areas like aviation, telecommunications, railroads, pharmaceuticals, antitrust, and trademarks. In some areas, like aviation and railroads, the federal government has developed a comprehensive scheme that preempts virtually all state law, while in others, like family law, a relatively small number of federal statutes (generally covering interstate and international situations) interacts with a much larger body of state law. In areas like antitrust, trademark, and employment law, there are powerful laws at both the federal and state levels that coexist with each other. In a handful of areas like insurance, Congress has enacted laws expressly refusing to regulate them as long as the states have laws regulating them (see, e.g., the McCarran-Ferguson Act).
After the President signs a bill into law (or Congress enacts it over his veto), it is delivered to the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA) where it is assigned a law number, and prepared for publication as a slip law. Public laws, but not private laws, are also given legal statutory citation by the OFR. At the end of each session of Congress, the slip laws are compiled into bound volumes called the United States Statutes at Large, and they are known as session laws. The Statutes at Large present a chronological arrangement of the laws in the exact order that they have been enacted.
Congress often enacts statutes that grant broad rulemaking authority to federal agencies. Often, Congress is simply too gridlocked to draft detailed statutes that explain how the agency should react to every possible situation, or Congress believes the agency's technical specialists are best equipped to deal with particular fact situations as they arise. Therefore, federal agencies are authorized to promulgate regulations. Under the principle of Chevron deference, regulations normally carry the force of law as long as they are based on a reasonable interpretation of the relevant statutes.
The difficult question is whether federal judicial power extends to formulating binding precedent through strict adherence to the rule of stare decisis. This is where the act of deciding a case becomes a limited form of lawmaking in itself, in that an appellate court's rulings will thereby bind itself and lower courts in future cases (and therefore also impliedly binds all persons within the court's jurisdiction). Prior to a major change to federal court rules in 2007, about one-fifth of federal appellate cases were published and thereby became binding precedents, while the rest were unpublished and bound only the parties to each case.
As federal judge Alex Kozinski has pointed out, binding precedent as we know it today simply did not exist at the time the Constitution was framed. Judicial decisions were not consistently, accurately, and faithfully reported on both sides of the Atlantic (reporters often simply rewrote or failed to publish decisions which they disliked), and the United Kingdom lacked a coherent court hierarchy prior to the end of the 19th century. Furthermore, English judges in the eighteenth century subscribed to now-obsolete natural law theories of law, by which law was believed to have an existence independent of what individual judges said. Judges saw themselves as merely declaring the law which had always theoretically existed, and not as making the law. Therefore, a judge could reject another judge's opinion as simply an incorrect statement of the law, in the way that scientists regularly reject each other's conclusions as incorrect statements of the laws of science.
Unlike the situation with the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors. Federal courts are solely creatures of the federal Constitution and the federal Judiciary Acts. However, it is universally accepted that the Founding Fathers of the United States, by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution, thereby vested in them the implied judicial power of common law courts to formulate persuasive precedent; this power was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Several legal scholars have argued that the federal judicial power to decide "cases or controversies" necessarily includes the power to decide the precedential effect of those cases and controversies.
In turn, according to Kozinski's analysis, the contemporary rule of binding precedent became possible in the U.S. in the nineteenth century only after the creation of a clear court hierarchy (under the Judiciary Acts), and the beginning of regular verbatim publication of U.S. appellate decisions by West Publishing. The rule gradually developed, case-by-case, as an extension of the judiciary's public policy of effective judicial administration (that is, in order to efficiently exercise the judicial power). The rule of precedent is generally justified today as a matter of public policy, first, as a matter of fundamental fairness, and second, because in the absence of case law, it would be completely unworkable for every minor issue in every legal case to be briefed, argued, and decided from first principles (such as relevant statutes, constitutional provisions, and underlying public policies), which in turn would create hopeless inefficiency, instability, and unpredictability, and thereby undermine the rule of law.
Under the doctrine of Erie Railroad Co. v. Tompkins (1938), there is no general federal common law. Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal constitutional provision, statute, or regulation (which in turn was enacted as part of the Constitution or after). Federal courts lack the plenary power possessed by state courts to simply make up law, which the latter are able to do in the absence of constitutional or statutory provisions replacing the common law. Only in a few narrow limited areas, like maritime law, has the Constitution expressly authorized the continuation of English common law at the federal level (meaning that in those areas federal courts can continue to make law as they see fit, subject to the limitations of stare decisis).
The other major implication of the Erie doctrine is that federal courts cannot dictate the content of state law when there is no federal issue (and thus no federal supremacy issue) in a case. When hearing claims under state law pursuant to diversity jurisdiction, federal trial courts must apply the statutory and decisional law of the state in which they sit, as if they were a court of that state, even if they believe that the relevant state law is irrational or just bad public policy. And under Erie, deference is one-way only: state courts are not bound by federal interpretations of state law.
The fifty American states are separate sovereigns, with their own state constitutions, state governments, and state courts. All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari. State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system as to the majority of types of law traditionally under state control, but must be regarded as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on.
Most cases are litigated in state courts and involve claims and defenses under state laws. In a 2012 report, the National Center for State Courts' Court Statistics Project found that state trial courts received 103.5 million newly filed cases in 2010, which consisted of 56.3 million traffic cases, 20.4 million criminal cases, 19.0 million civil cases, 5.9 million domestic relations cases, and 1.9 million juvenile cases. In 2010, state appellate courts received 272,795 new cases. By way of comparison, all federal district courts in 2010 together received only about 282,000 new civil cases, 77,000 new criminal cases, and 1.5 million bankruptcy cases, while federal appellate courts received 56,000 new cases.
The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with the federal and state statutes that actually provide the foundation for the creation and operation of law enforcement agencies and prison systems as well as the proceedings in criminal trials. Due to the perennial inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights of criminal suspects and convicts, the federal judiciary gradually developed the exclusionary rule as a method to enforce such rights. In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which the most famous is the Miranda warning. The writ of habeas corpus is often used by suspects and convicts to challenge their detention, while the Civil Rights Act of 1871 and Bivens actions are used by suspects to recover tort damages for police brutality.
The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law pleading was replaced by code pleading in 24 states after New York enacted the Field Code in 1850 and code pleading in turn was subsequently replaced again in most states by modern notice pleading during the 20th century. The old English division between common law and equity courts was abolished in the federal courts by the adoption of the Federal Rules of Civil Procedure in 1938; it has also been independently abolished by legislative acts in nearly all states. The Delaware Court of Chancery is the most prominent of the small number of remaining equity courts.
New York, Illinois, and California are the most significant states that have not adopted the FRCP. Furthermore, all three states continue to maintain most of their civil procedure laws in the form of codified statutes enacted by the state legislature, as opposed to court rules promulgated by the state supreme court, on the ground that the latter are undemocratic. But certain key portions of their civil procedure laws have been modified by their legislatures to bring them closer to federal civil procedure.
Generally, American civil procedure has several notable features, including extensive pretrial discovery, heavy reliance on live testimony obtained at deposition or elicited in front of a jury, and aggressive pretrial "law and motion" practice designed to result in a pretrial disposition (that is, summary judgment) or a settlement. U.S. courts pioneered the concept of the opt-out class action, by which the burden falls on class members to notify the court that they do not wish to be bound by the judgment, as opposed to opt-in class actions, where class members must join into the class. Another unique feature is the so-called American Rule under which parties generally bear their own attorneys' fees (as opposed to the English Rule of "loser pays"), though American legislators and courts have carved out numerous exceptions.
Criminal law involves the prosecution by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Generally, crimes can result in incarceration, but torts (see below) cannot. The majority of the crimes committed in the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud.
Some states distinguish between two levels: felonies and misdemeanors (minor crimes). Generally, most felony convictions result in lengthy prison sentences as well as subsequent probation, large fines, and orders to pay restitution directly to victims; while misdemeanors may lead to a year or less in jail and a substantial fine. To simplify the prosecution of traffic violations and other relatively minor crimes, some states have added a third level, infractions. These may result in fines and sometimes the loss of one's driver's license, but no jail time.
Contract law covers obligations established by agreement (express or implied) between private parties. Generally, contract law in transactions involving the sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code. However, there is still significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts.
Myanmar (myan-MAR i/miɑːnˈmɑːr/ mee-ahn-MAR, /miˈɛnmɑːr/ mee-EN-mar or /maɪˈænmɑːr/ my-AN-mar (also with the stress on first syllable); Burmese pronunciation: [mjəmà]),[nb 1] officially the Republic of the Union of Myanmar and also known as Burma, is a sovereign state in Southeast Asia bordered by Bangladesh, India, China, Laos and Thailand. One-third of Myanmar's total perimeter of 1,930 km (1,200 miles) forms an uninterrupted coastline along the Bay of Bengal and the Andaman Sea. The country's 2014 census revealed a much lower population than expected, with 51 million people recorded. Myanmar is 676,578 square kilometres (261,227 sq mi) in size. Its capital city is Naypyidaw and its largest city is Yangon (Rangoon).
Early civilisations in Myanmar included the Tibeto-Burman-speaking Pyu city-states in Upper Burma and the Mon kingdoms in Lower Burma. In the 9th century, the Bamar people entered the upper Irrawaddy valley and, following the establishment of the Pagan Kingdom in the 1050s, the Burmese language, culture and Theravada Buddhism slowly became dominant in the country. The Pagan Kingdom fell due to the Mongol invasions and several warring states emerged. In the 16th century, reunified by the Taungoo Dynasty, the country was for a brief period the largest empire in the history of Southeast Asia. The early 19th century Konbaung Dynasty ruled over an area that included modern Myanmar and briefly controlled Manipur and Assam as well. The British conquered Myanmar after three Anglo-Burmese Wars in the 19th century and the country became a British colony. Myanmar became an independent nation in 1948, initially as a democratic nation and then, following a coup d'état in 1962, a military dictatorship.
For most of its independent years, the country has been engrossed in rampant ethnic strife and Burma's myriad ethnic groups have been involved in one of the world's longest-running ongoing civil wars. During this time, the United Nations and several other organisations have reported consistent and systematic human rights violations in the country. In 2011, the military junta was officially dissolved following a 2010 general election, and a nominally civilian government was installed. While former military leaders still wield enormous power in the country, Burmese Military have taken steps toward relinquishing control of the government. This, along with the release of Aung San Suu Kyi and political prisoners, has improved the country's human rights record and foreign relations, and has led to the easing of trade and other economic sanctions. There is, however, continuing criticism of the government's treatment of the Muslim Rohingya minority and its poor response to the religious clashes. In the landmark 2015 election, Aung San Suu Kyi's party won a majority in both houses, ending military rule.
In English, the country is popularly known as either "Burma" or "Myanmar" i/ˈmjɑːnˌmɑːr/. Both these names are derived from the name of the majority Burmese Bamar ethnic group. Myanmar is considered to be the literary form of the name of the group, while Burma is derived from "Bamar", the colloquial form of the group's name. Depending on the register used, the pronunciation would be Bama (pronounced: [bəmà]) or Myamah (pronounced: [mjəmà]). The name Burma has been in use in English since the 18th century.
Burma continues to be used in English by the governments of many countries, such as Australia, Canada and the United Kingdom. Official United States policy retains Burma as the country's name, although the State Department's website lists the country as "Burma (Myanmar)" and Barack Obama has referred to the country by both names. The Czech Republic uses officially Myanmar, although its Ministry of Foreign Affairs mentions both Myanmar and Burma on its website. The United Nations uses Myanmar, as do the Association of Southeast Asian Nations, Russia, Germany, China, India, Norway, and Japan.
Archaeological evidence shows that Homo erectus lived in the region now known as Myanmar as early as 400,000 years ago. The first evidence of Homo sapiens is dated to about 11,000 BC, in a Stone Age culture called the Anyathian with discoveries of stone tools in central Myanmar. Evidence of neolithic age domestication of plants and animals and the use of polished stone tools dating to sometime between 10,000 and 6,000 BC has been discovered in the form of cave paintings near the city of Taunggyi.
The Bronze Age arrived circa 1500 BC when people in the region were turning copper into bronze, growing rice and domesticating poultry and pigs; they were among the first people in the world to do so. Human remains and artifacts from this era were discovered in Monywa District in the Sagaing Division. The Iron Age began around 500 BC with the emergence of iron-working settlements in an area south of present-day Mandalay. Evidence also shows the presence of rice-growing settlements of large villages and small towns that traded with their surroundings as far as China between 500 BC and 200 AD. Iron Age Burmese cultures also had influences from outside sources such as India and Thailand, as seen in their funerary practices concerning child burials. This indicates some form of communication between groups in Myanmar and other places, possibly through trade.
Around the second century BC the first-known city-states emerged in central Myanmar. The city-states were founded as part of the southward migration by the Tibeto-Burman-speaking Pyu city-states, the earliest inhabitants of Myanmar of whom records are extant, from present-day Yunnan. The Pyu culture was heavily influenced by trade with India, importing Buddhism as well as other cultural, architectural and political concepts which would have an enduring influence on later Burmese culture and political organisation.
Pagan's collapse was followed by 250 years of political fragmentation that lasted well into the 16th century. Like the Burmans four centuries earlier, Shan migrants who arrived with the Mongol invasions stayed behind. Several competing Shan States came to dominate the entire northwestern to eastern arc surrounding the Irrawaddy valley. The valley too was beset with petty states until the late 14th century when two sizeable powers, Ava Kingdom and Hanthawaddy Kingdom, emerged. In the west, a politically fragmented Arakan was under competing influences of its stronger neighbours until the Kingdom of Mrauk U unified the Arakan coastline for the first time in 1437.
Like the Pagan Empire, Ava, Hanthawaddy and the Shan states were all multi-ethnic polities. Despite the wars, cultural synchronisation continued. This period is considered a golden age for Burmese culture. Burmese literature "grew more confident, popular, and stylistically diverse", and the second generation of Burmese law codes as well as the earliest pan-Burma chronicles emerged. Hanthawaddy monarchs introduced religious reforms that later spread to the rest of the country. Many splendid temples of Mrauk U were built during this period.
Political unification returned in the mid-16th century, due to the efforts of Taungoo, a former vassal state of Ava. Taungoo's young, ambitious king Tabinshwehti defeated the more powerful Hanthawaddy in the Toungoo–Hanthawaddy War (1534–41). His successor Bayinnaung went on to conquer a vast swath of mainland Southeast Asia including the Shan states, Lan Na, Manipur, Mong Mao, the Ayutthaya Kingdom, Lan Xang and southern Arakan. However, the largest empire in the history of Southeast Asia unravelled soon after Bayinnaung's death in 1581, completely collapsing by 1599. Ayutthaya seized Tenasserim and Lan Na, and Portuguese mercenaries established Portuguese rule at Thanlyin (Syriam).
The dynasty regrouped and defeated the Portuguese in 1613 and Siam in 1614. It restored a smaller, more manageable kingdom, encompassing Lower Myanmar, Upper Myanmar, Shan states, Lan Na and upper Tenasserim. The Restored Toungoo kings created a legal and political framework whose basic features would continue well into the 19th century. The crown completely replaced the hereditary chieftainships with appointed governorships in the entire Irrawaddy valley, and greatly reduced the hereditary rights of Shan chiefs. Its trade and secular administrative reforms built a prosperous economy for more than 80 years. From the 1720s onward, the kingdom was beset with repeated Meithei raids into Upper Myanmar and a nagging rebellion in Lan Na. In 1740, the Mon of Lower Myanmar founded the Restored Hanthawaddy Kingdom. Hanthawaddy forces sacked Ava in 1752, ending the 266-year-old Toungoo Dynasty.
With Burma preoccupied by the Chinese threat, Ayutthaya recovered its territories by 1770, and went on to capture Lan Na by 1776. Burma and Siam went to war until 1855, but all resulted in a stalemate, exchanging Tenasserim (to Burma) and Lan Na (to Ayutthaya). Faced with a powerful China and a resurgent Ayutthaya in the east, King Bodawpaya turned west, acquiring Arakan (1785), Manipur (1814) and Assam (1817). It was the second-largest empire in Burmese history but also one with a long ill-defined border with British India.
Konbaung kings extended Restored Toungoo's administrative reforms, and achieved unprecedented levels of internal control and external expansion. For the first time in history, the Burmese language and culture came to predominate the entire Irrawaddy valley. The evolution and growth of Burmese literature and theatre continued, aided by an extremely high adult male literacy rate for the era (half of all males and 5% of females). Nonetheless, the extent and pace of reforms were uneven and ultimately proved insufficient to stem the advance of British colonialism.
Burmese resentment was strong and was vented in violent riots that paralysed Yangon (Rangoon) on occasion all the way until the 1930s. Some of the discontent was caused by a disrespect for Burmese culture and traditions such as the British refusal to remove shoes when they entered pagodas. Buddhist monks became the vanguards of the independence movement. U Wisara, an activist monk, died in prison after a 166-day hunger strike to protest against a rule that forbade him from wearing his Buddhist robes while imprisoned.
A major battleground, Burma was devastated during World War II. By March 1942, within months after they entered the war, Japanese troops had advanced on Rangoon and the British administration had collapsed. A Burmese Executive Administration headed by Ba Maw was established by the Japanese in August 1942. Wingate's British Chindits were formed into long-range penetration groups trained to operate deep behind Japanese lines. A similar American unit, Merrill's Marauders, followed the Chindits into the Burmese jungle in 1943. Beginning in late 1944, allied troops launched a series of offensives that led to the end of Japanese rule in July 1945. The battles were intense with much of Burma laid waste by the fighting. Overall, the Japanese lost some 150,000 men in Burma. Only 1,700 prisoners were taken.
Following World War II, Aung San negotiated the Panglong Agreement with ethnic leaders that guaranteed the independence of Myanmar as a unified state. Aung Zan Wai, Pe Khin, Bo Hmu Aung, Sir Maung Gyi, Dr. Sein Mya Maung, Myoma U Than Kywe were among the negotiators of the historical Panglong Conference negotiated with Bamar leader General Aung San and other ethnic leaders in 1947. In 1947, Aung San became Deputy Chairman of the Executive Council of Myanmar, a transitional government. But in July 1947, political rivals assassinated Aung San and several cabinet members.
In 1988, unrest over economic mismanagement and political oppression by the government led to widespread pro-democracy demonstrations throughout the country known as the 8888 Uprising. Security forces killed thousands of demonstrators, and General Saw Maung staged a coup d'état and formed the State Law and Order Restoration Council (SLORC). In 1989, SLORC declared martial law after widespread protests. The military government finalised plans for People's Assembly elections on 31 May 1989. SLORC changed the country's official English name from the "Socialist Republic of the Union of Burma" to the "Union of Myanmar" in 1989.
In August 2007, an increase in the price of diesel and petrol led to Saffron Revolution led by Buddhist monks that were dealt with harshly by the government. The government cracked down on them on 26 September 2007. The crackdown was harsh, with reports of barricades at the Shwedagon Pagoda and monks killed. There were also rumours of disagreement within the Burmese armed forces, but none was confirmed. The military crackdown against unarmed protesters was widely condemned as part of the International reactions to the Saffron Revolution and led to an increase in economic sanctions against the Burmese Government.
In May 2008, Cyclone Nargis caused extensive damage in the densely populated, rice-farming delta of the Irrawaddy Division. It was the worst natural disaster in Burmese history with reports of an estimated 200,000 people dead or missing, and damage totalled to 10 billion US Dollars, and as many as 1 million left homeless. In the critical days following this disaster, Myanmar's isolationist government was accused of hindering United Nations recovery efforts. Humanitarian aid was requested but concerns about foreign military or intelligence presence in the country delayed the entry of United States military planes delivering medicine, food, and other supplies.
In October 2012 the number of ongoing conflicts in Myanmar included the Kachin conflict, between the Pro-Christian Kachin Independence Army and the government; a civil war between the Rohingya Muslims, and the government and non-government groups in Rakhine State; and a conflict between the Shan, Lahu and Karen minority groups, and the government in the eastern half of the country. In addition al-Qaeda signalled an intention to become involved in Myanmar. In a video released 3 September 2014 mainly addressed to India, the militant group's leader Ayman al-Zawahiri said al-Qaeda had not forgotten the Muslims of Myanmar and that the group was doing "what they can to rescue you". In response, the military raised its level of alertness while the Burmese Muslim Association issued a statement saying Muslims would not tolerate any threat to their motherland.
Armed conflict between ethnic Chinese rebels and the Myanmar Armed Forces have resulted in the Kokang offensive in February 2015. The conflict had forced 40,000 to 50,000 civilians to flee their homes and seek shelter on the Chinese side of the border. During the incident the government of China was accused of giving military assistance to the ethnic Chinese rebels. Burmese officials have been historically 'manipulated' and pressured by the communist Chinese government throughout Burmese modern history to create closer and binding ties with China, creating a Chinese satellite state in Southeast Asia.
The goal of the Burmese constitutional referendum of 2008, held on 10 May 2008, is the creation of a "discipline-flourishing democracy". As part of the referendum process, the name of the country was changed from the "Union of Myanmar" to the "Republic of the Union of Myanmar", and general elections were held under the new constitution in 2010. Observer accounts of the 2010 election describe the event as mostly peaceful; however, allegations of polling station irregularities were raised, and the United Nations (UN) and a number of Western countries condemned the elections as fraudulent.
Opinions differ whether the transition to liberal democracy is underway. According to some reports, the military's presence continues as the label 'disciplined democracy' suggests. This label asserts that the Burmese military is allowing certain civil liberties while clandestinely institutionalising itself further into Burmese politics. Such an assertion assumes that reforms only occurred when the military was able to safeguard its own interests through the transition—here, "transition" does not refer to a transition to a liberal democracy, but transition to a quasi-military rule.
Since the 2010 election, the government has embarked on a series of reforms to direct the country towards liberal democracy, a mixed economy, and reconciliation, although doubts persist about the motives that underpin such reforms. The series of reforms includes the release of pro-democracy leader Aung San Suu Kyi from house arrest, the establishment of the National Human Rights Commission, the granting of general amnesties for more than 200 political prisoners, new labour laws that permit labour unions and strikes, a relaxation of press censorship, and the regulation of currency practices.
The impact of the post-election reforms has been observed in numerous areas, including ASEAN's approval of Myanmar's bid for the position of ASEAN chair in 2014; the visit by United States Secretary of State Hillary Clinton in December 2011 for the encouragement of further progress—it was the first visit by a Secretary of State in more than fifty years (Clinton met with the Burmese president and former military commander Thein Sein, as well as opposition leader Aung San Suu Kyi); and the participation of Aung San Suu Kyi's National League for Democracy (NLD) party in the 2012 by-elections, facilitated by the government's abolition of the laws that previously barred the NLD. As of July 2013, about 100 political prisoners remain imprisoned, while conflict between the Burmese Army and local insurgent groups continues.
In 1 April 2012 by-elections the NLD won 43 of the 45 available seats; previously an illegal organisation, the NLD had never won a Burmese election until this time. The 2012 by-elections were also the first time that international representatives were allowed to monitor the voting process in Myanmar. Following announcement of the by-elections, the Freedom House organisation raised concerns about "reports of fraud and harassment in the lead up to elections, including the March 23 deportation of Somsri Hananuntasuk, executive director of the Asian Network for Free Elections (ANFREL), a regional network of civil society organisations promoting democratization." However, uncertainties exist as some other political prisoners have not been released and clashes between Burmese troops and local insurgent groups continue.
Burma is bordered in the northwest by the Chittagong Division of Bangladesh and the Mizoram, Manipur, Nagaland and Arunachal Pradesh states of India. Its north and northeast border is with the Tibet Autonomous Region and Yunnan province for a Sino-Burman border total of 2,185 km (1,358 mi). It is bounded by Laos and Thailand to the southeast. Burma has 1,930 km (1,200 mi) of contiguous coastline along the Bay of Bengal and Andaman Sea to the southwest and the south, which forms one quarter of its total perimeter.
Much of the country lies between the Tropic of Cancer and the Equator. It lies in the monsoon region of Asia, with its coastal regions receiving over 5,000 mm (196.9 in) of rain annually. Annual rainfall in the delta region is approximately 2,500 mm (98.4 in), while average annual rainfall in the Dry Zone in central Myanmar is less than 1,000 mm (39.4 in). The Northern regions of Myanmar are the coolest, with average temperatures of 21 °C (70 °F). Coastal and delta regions have an average maximum temperature of 32 °C (89.6 °F).
Typical jungle animals, particularly tigers and leopards, occur sparsely in Myanmar. In upper Myanmar, there are rhinoceros, wild buffalo, wild boars, deer, antelope, and elephants, which are also tamed or bred in captivity for use as work animals, particularly in the lumber industry. Smaller mammals are also numerous, ranging from gibbons and monkeys to flying foxes and tapirs. The abundance of birds is notable with over 800 species, including parrots, peafowl, pheasants, crows, herons, and paddybirds. Among reptile species there are crocodiles, geckos, cobras, Burmese pythons, and turtles. Hundreds of species of freshwater fish are wide-ranging, plentiful and are very important food sources. For a list of protected areas, see List of protected areas of Myanmar.
The elections of 2010 resulted in a victory for the military-backed Union Solidarity and Development Party. Various foreign observers questioned the fairness of the elections. One criticism of the election was that only government sanctioned political parties were allowed to contest in it and the popular National League for Democracy was declared illegal. However, immediately following the elections, the government ended the house arrest of the democracy advocate and leader of the National League for Democracy, Aung San Suu Kyi, and her ability to move freely around the country is considered an important test of the military's movement toward more openness. After unexpected reforms in 2011, NLD senior leaders have decided to register as a political party and to field candidates in future by-elections.
Though the country's foreign relations, particularly with Western nations, have been strained, relations have thawed since the reforms following the 2010 elections. After years of diplomatic isolation and economic and military sanctions, the United States relaxed curbs on foreign aid to Myanmar in November 2011 and announced the resumption of diplomatic relations on 13 January 2012 The European Union has placed sanctions on Myanmar, including an arms embargo, cessation of trade preferences, and suspension of all aid with the exception of humanitarian aid.
Sanctions imposed by the United States and European countries against the former military government, coupled with boycotts and other direct pressure on corporations by supporters of the democracy movement, have resulted in the withdrawal from the country of most US and many European companies. On 13 April 2012 British Prime Minister David Cameron called for the economic sanctions on Myanmar to be suspended in the wake of the pro-democracy party gaining 43 seats out of a possible 45 in the 2012 by-elections with the party leader, Aung San Suu Kyi becoming a member of the Burmese parliament.
Despite Western isolation, Asian corporations have generally remained willing to continue investing in the country and to initiate new investments, particularly in natural resource extraction. The country has close relations with neighbouring India and China with several Indian and Chinese companies operating in the country. Under India's Look East policy, fields of co-operation between India and Myanmar include remote sensing, oil and gas exploration, information technology, hydro power and construction of ports and buildings.
In 2008, India suspended military aid to Myanmar over the issue of human rights abuses by the ruling junta, although it has preserved extensive commercial ties, which provide the regime with much-needed revenue. The thaw in relations began on 28 November 2011, when Belarusian Prime Minister Mikhail Myasnikovich and his wife Ludmila arrived in the capital, Naypyidaw, the same day as the country received a visit by US Secretary of State Hillary Rodham Clinton, who also met with pro-democracy opposition leader Aung San Suu Kyi. International relations progress indicators continued in September 2012 when Aung San Suu Kyi visited to the US followed by Myanmar's reformist president visit to the United Nations.
In May 2013, Thein Sein became the first Myanmar president to visit the White House in 47 years; the last Burmese leader to visit the White House was Ne Win in September 1966. President Barack Obama praised the former general for political and economic reforms, and the cessation of tensions between Myanmar and the United States. Political activists objected to the visit due to concerns over human rights abuses in Myanmar but Obama assured Thein Sein that Myanmar will receive US support. The two leaders discussed to release more political prisoners, the institutionalisation of political reform and rule of law, and ending ethnic conflict in Myanmar—the two governments agreed to sign a bilateral trade and investment framework agreement on 21 May 2013.
Myanmar has received extensive military aid from China in the past Myanmar has been a member of ASEAN since 1997. Though it gave up its turn to hold the ASEAN chair and host the ASEAN Summit in 2006, it chaired the forum and hosted the summit in 2014. In November 2008, Myanmar's political situation with neighbouring Bangladesh became tense as they began searching for natural gas in a disputed block of the Bay of Bengal. Controversy surrounding the Rohingya population also remains an issue between Bangladesh and Myanmar.
Myanmar's armed forces are known as the Tatmadaw, which numbers 488,000. The Tatmadaw comprises the Army, the Navy, and the Air Force. The country ranked twelfth in the world for its number of active troops in service. The military is very influential in Myanmar, with all top cabinet and ministry posts usually held by military officials. Official figures for military spending are not available. Estimates vary widely because of uncertain exchange rates, but Myanmar's military forces' expenses are high. Myanmar imports most of its weapons from Russia, Ukraine, China and India.
Until 2005, the United Nations General Assembly annually adopted a detailed resolution about the situation in Myanmar by consensus. But in 2006 a divided United Nations General Assembly voted through a resolution that strongly called upon the government of Myanmar to end its systematic violations of human rights. In January 2007, Russia and China vetoed a draft resolution before the United Nations Security Council calling on the government of Myanmar to respect human rights and begin a democratic transition. South Africa also voted against the resolution.
There is consensus that the military regime in Myanmar is one of the world's most repressive and abusive regimes. In November 2012, Samantha Power, Barack Obama's Special Assistant to the President on Human Rights, wrote on the White House blog in advance of the president's visit that "Serious human rights abuses against civilians in several regions continue, including against women and children." Members of the United Nations and major international human rights organisations have issued repeated and consistent reports of widespread and systematic human rights violations in Myanmar. The United Nations General Assembly has repeatedly called on the Burmese Military Junta to respect human rights and in November 2009 the General Assembly adopted a resolution "strongly condemning the ongoing systematic violations of human rights and fundamental freedoms" and calling on the Burmese Military Regime "to take urgent measures to put an end to violations of international human rights and humanitarian law."
International human rights organisations including Human Rights Watch, Amnesty International and the American Association for the Advancement of Science have repeatedly documented and condemned widespread human rights violations in Myanmar. The Freedom in the World 2011 report by Freedom House notes, "The military junta has ... suppressed nearly all basic rights; and committed human rights abuses with impunity." In July 2013, the Assistance Association for Political Prisoners indicated that there were approximately 100 political prisoners being held in Burmese prisons.
Child soldiers have and continue to play a major part in the Burmese Army as well as Burmese rebel movements. The Independent reported in June 2012 that "Children are being sold as conscripts into the Burmese military for as little as $40 and a bag of rice or a can of petrol." The UN's Special Representative of the Secretary-General for Children and Armed Conflict, Radhika Coomaraswamy, who stepped down from her position a week later, met representatives of the Government of Myanmar on 5 July 2012 and stated that she hoped the government's signing of an action plan would "signal a transformation." In September 2012, the Myanmar Armed Forces released 42 child soldiers and the International Labour Organization met with representatives of the government as well as the Kachin Independence Army to secure the release of more child soldiers. According to Samantha Power, a US delegation raised the issue of child soldiers with the government in October 2012. However, she did not comment on the government's progress towards reform in this area.
The Rohingya people have consistently faced human rights abuses by the Burmese regime that has refused to acknowledge them as Burmese citizens (despite some of them having lived in Burma for over three generations)—the Rohingya have been denied Burmese citizenship since the enactment of a 1982 citizenship law. The law created three categories of citizenship: citizenship, associate citizenship, and naturalised citizenship. Citizenship is given to those who belong to one of the national races such as Kachin, Kayah (Karenni), Karen, Chin, Burman, Mon, Rakhine, Shan, Kaman, or Zerbadee. Associate citizenship is given to those who cannot prove their ancestors settled in Myanmar before 1823, but can prove they have one grandparent, or pre-1823 ancestor, who was a citizen of another country, as well as people who applied for citizenship in 1948 and qualified then by those laws. Naturalized citizenship is only given to those who have at least one parent with one of these types of Burmese citizenship or can provide "conclusive evidence" that their parents entered and resided in Burma prior to independence in 1948. The Burmese regime has attempted to forcibly expel Rohingya and bring in non-Rohingyas to replace them—this policy has resulted in the expulsion of approximately half of the 800,000 Rohingya from Burma, while the Rohingya people have been described as "among the world's least wanted" and "one of the world's most persecuted minorities." But the origin of ‘most persecuted minority’ statement is unclear.
In 2007 the German professor Bassam Tibi suggested that the Rohingya conflict may be driven by an Islamist political agenda to impose religious laws, while non-religious causes have also been raised, such as a lingering resentment over the violence that occurred during the Japanese occupation of Burma in World War II—during this time period the British allied themselves with the Rohingya and fought against the puppet government of Burma (composed mostly of Bamar Japanese) that helped to establish the Tatmadaw military organisation that remains in power as of March 2013.
Since the democratic transition began in 2011, there has been continuous violence as 280 people have been killed and 140,000 forced to flee from their homes in the Rakhine state. A UN envoy reported in March 2013 that unrest had re-emerged between Myanmar's Buddhist and Muslim communities, with violence spreading to towns that are located closer to Yangon. The BBC News media outlet obtained video footage of a man with severe burns who received no assistance from passers-by or police officers even though he was lying on the ground in a public area. The footage was filmed by members of the Burmese police force in the town of Meiktila and was used as evidence that Buddhists continued to kill Muslims after the European Union sanctions were lifted on 23 April 2013.
The immediate cause of the riots is unclear, with many commentators citing the killing of ten Burmese Muslims by ethnic Rakhine after the rape and murder of a Rakhine woman as the main cause. Whole villages have been "decimated". Over 300 houses and a number of public buildings have been razed. According to Tun Khin, the president of the Burmese Rohingya Organisation UK (BROUK), as of 28 June 2012, 650 Rohingyas have been killed, 1,200 are missing, and more than 80,000 have been displaced. According to the Myanmar authorities, the violence, between ethnic Rakhine Buddhists and Rohingya Muslims, left 78 people dead, 87 injured, and thousands of homes destroyed. It displaced more than 52,000 people.
The government has responded by imposing curfews and by deploying troops in the regions. On 10 June 2012, a state of emergency was declared in Rakhine, allowing the military to participate in administration of the region. The Burmese army and police have been accused of targeting Rohingya Muslims through mass arrests and arbitrary violence. A number of monks' organisations that played a vital role in Myanmar's struggle for democracy have taken measures to block any humanitarian assistance to the Rohingya community.
Restrictions on media censorship were significantly eased in August 2012 following demonstrations by hundreds of protesters who wore shirts demanding that the government "Stop Killing the Press." The most significant change has come in the form that media organisations will no longer have to submit their content to a censorship board before publication. However, as explained by one editorial in the exiled press The Irrawaddy, this new "freedom" has caused some Burmese journalists to simply see the new law as an attempt to create an environment of self-censorship as journalists "are required to follow 16 guidelines towards protecting the three national causes — non-disintegration of the Union, non-disintegration of national solidarity, perpetuation of sovereignty — and "journalistic ethics" to ensure their stories are accurate and do not jeopardise national security." In July 2014 five journalists were sentenced to 10 years in jail after publishing a report saying the country was planning to build a new chemical weapons plant. Journalists described the jailings as a blow to the recently-won news media freedoms that had followed five decades of censorship and persecution.
According to the Crisis Group, since Myanmar transitioned to a new government in August 2011, the country's human rights record has been improving. Previously giving Myanmar its lowest rating of 7, the 2012 Freedom in the World report also notes improvement, giving Myanmar a 6 for improvements in civil liberties and political rights, the release of political prisoners, and a loosening of restrictions. In 2013, Myanmar improved yet again, receiving a score of five in civil liberties and a six in political freedoms
The government has assembled a National Human Rights Commission that consists of 15 members from various backgrounds. Several activists in exile, including Thee Lay Thee Anyeint members, have returned to Myanmar after President Thein Sein's invitation to expatriates to return home to work for national development. In an address to the United Nations Security Council on 22 September 2011, Myanmar's Foreign Minister Wunna Maung Lwin confirmed the government's intention to release prisoners in the near future.

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