Post Conflict Constitution Making In Nepal
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Author | : Ryan Suto |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
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Constitution building, and especially creating electoral structures within constitutions, is the most important institutional and legal process within post-conflict reconstruction. The determinations made during this process shape how the society functions and how politics itself occurs in the future of the society. This paper will investigate the role of constitution building in post-conflict Nepal. Specifically, the paper will focus on electoral design within post-conflict constitutions. First, constitutions generally are discussed and next post-conflict constitution building. After that, the nature of electoral design will be discussed. Best practices of constitution building will be offered. Second, a short background of Nepal will be give. The 2007 interim constitution and the 2008 election results will be discussed.
Author | : Semanta Dahal |
Publisher | : |
Total Pages | : 0 |
Release | : 2008 |
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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.
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.
Author | : Support of Participatory Constitution Building in Nepal (Project) |
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Total Pages | : |
Release | : 2014 |
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ISBN | : 9789937894203 |
Author | : Charlotte Fiedler |
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Total Pages | : |
Release | : 2019 |
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In every fourth post-conflict country a new constitution is written, but the effect of these post-conflict constitution-making processes on peace remains understudied. Constitution-making has become a corner stone of peacebuilding efforts in post-conflict societies and is widely supported by international actors. It is often seen as a main component of a political transition necessary in states that have experienced internal warfare. This is because a successful constitution-making process establishes a new and potentially permanent governance framework that regulates access to power. However, systematic analyses of the effect of post-conflict constitution-making on peace have been lacking. This Briefing Paper presents new, empirical evidence showing that post-conflict constitution-making can contribute to peace. Countries emerging from conflict often adopt new constitutions in order to signal a clear break with the past regime and to reform the institutions that are often seen as at least partially responsible for conflict having erupted in the first place. Post-conflict constitution-making has taken place in highly diverse settings - ranging from the aftermath of civil war, as in Nepal or South Africa, to interethnic clashes or electoral violence, as in Kyrgyzstan or Kenya. And in the current peace talks around Syria the question of writing a new constitution also plays a prominent role. Since academic evidence is lacking as to whether constitution-making can contribute to peace after civil war, it remains an open question whether efforts in this regard should be pursued by international actors. This Briefing Paper presents evidence that writing a new constitution positively influences post-conflict countries' prospects for peace (for the full analysis see Fiedler, 2019). It summarises innovative, statistical research on post-conflict constitution-making, conducted by the DIE project "Supporting Sustainable Peace". Based on an analysis of 236 post-conflict episodes between 1946 and 2010, two main results with clear policy implications emerge: Writing a new constitution reduces the risk of conflict recurrence. The analysis shows a statistically significant and robust association between writing a new constitution after experiencing violent conflict and sustaining peace. International efforts to support post-conflict constitution-making are hence well-founded. The theoretical argument behind the relationship suggests that it is important that constitution-making processes enable an extensive inter-elite dialogue that helps build trust in the post-conflict period. Post-conflict constitution-making processes that take longer are more beneficial for peace. This is likely because the trust-building effect of constitution-making only occurs when enough time enables bargaining and the development of a broad compromise. International actors frequently pressure post-conflict countries to go through these processes very quickly, in only a matter of months. The results question this approach, as very short constitution-making processes do not positively affect peace.
Author | : Kimana Zulueta-Fülscher |
Publisher | : International Institute for Democracy and Electoral Assistance (International IDEA) |
Total Pages | : 41 |
Release | : 2023-05-15 |
Genre | : Political Science |
ISBN | : 9176716325 |
Constitution-making is often integral to achieving a new political settlement after conflict and in fragile settings. However, the process fails with relative frequency, in that actors cannot agree on a new text or the finalized text is not approved or ratified. While failure may be temporary—the process may resume after a period of time—it can also be costly. Key reforms may depend on the adoption of a new or revised constitution, and in its absence negotiations may stall and conflict recur. This Paper starts a conversation about the potential grounds for, and strategies to prevent or build on, failure. It was developed following the Ninth Edinburgh Dialogue on Post-Conflict Constitution-Building held in September 2022.
Author | : Bishnu Raj Upreti |
Publisher | : Kathmandu University and NCCR (North-South) |
Total Pages | : 326 |
Release | : 2010-06-01 |
Genre | : Nation-building |
ISBN | : 9937224632 |
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.
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Release | : 2014 |
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Author | : Laurel E. Miller |
Publisher | : US Institute of Peace Press |
Total Pages | : 737 |
Release | : 2010 |
Genre | : History |
ISBN | : 1601270550 |
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.