Self-Determination & Constitution Making in Nepal

Self-Determination & Constitution Making in Nepal
Author: Surendra Bhandari
Publisher: Springer Science & Business
Total Pages: 270
Release: 2014-04-28
Genre: Political Science
ISBN: 9812870059

This book systematically analyzes why constitutions do not survive in Nepal, despite sixty years of constitutional history. The author discusses the epistemology of ethnic federalism in Nepal and examines the challenges of nation building and post-nation constitutionalism. The work addresses the connection between ethnic identity, right to self-determination, constitution making and state restructuring, offering possible ways forward for Nepal. Chapters consider lessons to be drawn from the past and examine reasons for the abolition of monarchy in Nepal. The book highlights the major problems that the first elected Constituent Assembly (CA) faced in promulgating a new constitution, before it was dissolved in 2012. The concept of right to self-determination and its complexities at the domestic level are all explored, along with ways forward to address the problem of constitutionalism, ethnic federalism and democracy. The author offers solutions as to how the second CA could address problems to promulgate a new constitution. The book elaborates on the role that constitutionalism plays in constitution making and the survival of a constitution. Scholars of politics and international studies, policy makers and those with an interest in law and constitution in Asia will all find this work of interest.

Constitution-Making Process in Nepal and the Madhesi Representation in it

Constitution-Making Process in Nepal and the Madhesi Representation in it
Author: Ambica Jain
Publisher: GRIN Verlag
Total Pages: 24
Release: 2018-09-20
Genre: Political Science
ISBN: 3668802424

Document from the year 2017 in the subject Politics - Topic: Peace and Conflict, Security, South Asian University (Department of International Relations), course: Conflict Transformation and Peace Building, language: English, abstract: Nepal, with the adoption and enforcement of a new constitution in 2015, entered into a new phase of development. The constitution adopted in September 2015 is the seventh constitution in Nepal. The constitution-making process has been a complex in Nepal. Nepal had to undergo several political turbulences and transformation before adopting this new constitution. The field report and the research paper aims to look into Nepal’s constitution-making process historically and understand and explain this process. In the process, it also will look at the concerns of Madhesis with regard to the constitution-making process and their representation in it. This research paper is broadly divided into two parts, the first part looks into the literature and provides the review of the literature that has looked into the aforementioned topic. The second part is the field report, wherein, through interviews, the first-hand accounts of people are collected and analyzed.

Democratic Constitution Making

Democratic Constitution Making
Author: Hari Prasad Bhattarai
Publisher:
Total Pages: 168
Release: 2007
Genre: Constitutional history
ISBN:

Papers presented at a two day long seminar and a three-hour public lecture, held at Kathmandu during 3-5 August 2004.

Deliberative Democracy in Asia

Deliberative Democracy in Asia
Author: Baogang He
Publisher: Routledge
Total Pages: 219
Release: 2021-08-24
Genre: Political Science
ISBN: 1000427307

Featuring cases from India, China, Nepal, Japan, South Korea, Singapore, Mongolia and Malaysia, the authors demonstrate and compare the differing uses of public deliberation in Asia. Many countries in Asia have long traditions of public deliberation, in both democratic and undemocratic settings, some of which continue today. Yet in the face of pressures from complex governance, popular protests and democratization, certain deliberative practices – notably deliberative polling – have been ‘parachuted’ into the region without regard to historical or traditional practices of deliberation. And, the motivations differ. Some states have made use of public deliberation in order to contain dissent, while others have more emancipatory goals in mind. The contributors to this book take a comparative perspective on the emergence and evolution of deliberative practices in Asia, and their relationships with democracy. They analyse the main motivations for introducing public deliberation in different political regimes and the effectiveness of public deliberation in Asian countries for solving problems and improving governance. In doing so they evaluate whether deliberative democratic tools, can apply to all societies regardless of their political and cultural differences. Essential reading for students and scholars of Asian Politics, this book will also be of great use to all political scientists with an interest in deliberative democracy.

Women Members of the Constituent Assembly

Women Members of the Constituent Assembly
Author:
Publisher:
Total Pages: 916
Release: 2011
Genre: Biography & Autobiography
ISBN:

"This is a joint publication by Women's Caucus, Constituent Assembly Secretariat, Nepal Law Society and International Institute for Democracy and Electoral Assistance"--T.p. verso.

Constitution Making in Nepal

Constitution Making in Nepal
Author:
Publisher:
Total Pages: 80
Release: 2007
Genre: Constitutional history
ISBN:

Report of the UNDP National Conference on "Constitution Making in Nepal", March 3-4, 2007, Kathmandu, Nepal.

Constitution-making in Asia

Constitution-making in Asia
Author: H. Kumarasingham
Publisher: Routledge
Total Pages: 223
Release: 2016-03-31
Genre: History
ISBN: 1317245105

Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

Constitution Making Under Occupation

Constitution Making Under Occupation
Author: Andrew Arato
Publisher: Columbia University Press
Total Pages: 376
Release: 2009
Genre: History
ISBN: 0231143028

The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.