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.

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.

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.

Post Conflict Constitution Making in Nepal

Post Conflict Constitution Making in Nepal
Author: Semanta Dahal
Publisher:
Total Pages: 0
Release: 2008
Genre:
ISBN:

The post conflict constitution making has given a desired possibility for Nepal to draft a new constitution to promote strong democratic regime in the paradigm of inclusiveness. The historically excluded ethnic communities and groups including indigenous nationalities, Dalit, Madhesi Hindus and Muslims, women, mother tongue speakers and non-Hindu religious groups should now be included in the state process to create a just, equitable and democratic Nepalese society. This can be done by recognizing diversity and fostering national unity. Within this broad framework of national reconciliation, constitutional options and interventions through different inclusive devices and mechanisms are discussed in the paper to include excluded groups/communities. The focus is on interconnection of federalism, proportional representation suitable language and religious policy and special measures or affirmative action so that the marginalized communities can be included in state system. The best way to avoid any conflict and insurgency in Nepal in future is inclusive and strong democracy.

Territory and Power in Constitutional Transitions

Territory and Power in Constitutional Transitions
Author: George Anderson
Publisher: Oxford University Press
Total Pages: 556
Release: 2019-03-07
Genre: Law
ISBN: 0192573616

This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.

Federal Nepal

Federal Nepal
Author: Dipendra Jhā
Publisher:
Total Pages: 0
Release: 2018
Genre: Constitutional law
ISBN: 9789350025253