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.

Unstable Constitutionalism

Unstable Constitutionalism
Author: Mark Tushnet
Publisher: Cambridge University Press
Total Pages: 415
Release: 2015-09-17
Genre: Law
ISBN: 1107068959

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

The Bullet and the Ballot Box

The Bullet and the Ballot Box
Author: Aditya Adhikari
Publisher: Verso Books
Total Pages: 318
Release: 2014-10-07
Genre: History
ISBN: 1781685649

The Bullet and the Ballot Box offers a rich and sweeping account of a decade of revolutionary upheaval. When Nepal’s Maoists launched their armed rebellion in the nineties, they had limited public support and many argued that their ideology was obsolete. Twelve years later they were in power, and their ambitious plan of social transformation dominated the national agenda. How did this become possible? Adhikari’s narrative draws on a broad range of sources – including novels, letters and diaries – to illuminate the history and human drama of the Maoist revolution. An indispensible account of Nepal’s recent history, the book offers a fascinating case study of how communist ideology has been reinterpreted and translated into political action in the twenty-first century.

Towards A Democratic Nepal

Towards A Democratic Nepal
Author: Mahendra Lawoti
Publisher: SAGE
Total Pages: 182
Release: 2005-02-17
Genre: Political Science
ISBN: 0761933182

Providing a comprehensive critique of the Constitution adopted in 1990, this book identifies it as an important factor in the exclusion of various ethnic and minority groups. It examines the causes for the lack of democratic consolidation in Nepal and outlines alternative institutions that can give voice to the various socio-cultural groups in the country. Dr Lawoti makes a case for setting up a new Constituent Assembly and for following the principle of self-determination to reform the polity. He also makes several important recommendations for the construction of an inclusive and democratic Nepal.

No Law, No Justice, No State for Victims

No Law, No Justice, No State for Victims
Author:
Publisher:
Total Pages: 88
Release: 2020
Genre: Human rights
ISBN: 9781623138783

It has been 14 years since the armed conflict between Maoist insurgents and government forces ended in Nepal. Tens of thousands became victims of enforced disappearances, torture, rape, and unlawful killings in the decade of fighting between 1996 and 2006. They are still waiting for truth and justice. There have been hardly any successful prosecutions since the end of the conflict for severe violations. Resistance to address past abuses has entrenched impunity in the present and, combined with a failure to ensure security sector reform, has led to repeated lack of punishment in cases of serious human rights violations which still occur in Nepal. In a mounting number of alleged extrajudicial killings by the police, custodial deaths allegedly resulting from torture, and shootings of unarmed protesters in recent years, the authorities refused to take action despite strong evidence. We conclude that failure to provide justice for past crimes creates direct and tangible harms in the present: families who lost loved ones years ago continue to seek justice and are forced to live without closure. And as new cases of abuse by the police show, impunity for past crimes means that unaccountable and abusive individuals and institutions continue to claim new victims in post-conflict Nepal.

Civil Society in Uncivil Places

Civil Society in Uncivil Places
Author: Saubhagya Shah
Publisher:
Total Pages: 104
Release: 2008
Genre: History
ISBN:

"This monograph analyzes the role of civil society in the massive political mobilization and upheavals of 2006 in Nepal that swept away King Gyanendra's direct rule and dramatically altered the structure and character of the Nepali state and politics. Although the opposition had become successful due to a strategic alliance between the seven parliamentary parties and the Maoist rebels, civil society was catapulted into prominence during the historic protests as a result of national and international activities in opposition to the king's government. This process offers new insights into the role of civil society in the developing world. By focusing on the momentous events of the nineteen-day general strike from April 6-24, 2006, that brought down the 400-year-old Nepali royal dynasty, the study highlights the implications of civil society action within the larger political arena involving conventional actors such as political parties, trade unions, armed revels, and foreign actors. he detailed examination of civil society's involvement in Nepali regime change sheds light on four important themes in the study of civil society. The first relates to a clear distinction between civil society as a spontaneous philosophical and associational form in the West and its mimetic articulation in the developing. The second addresses the nature of the relationship between civil society and political society and the way the former generates its moral authority and efficacy based on claims to universal reason, knowledge, and techniques of polymorphous power. The third theme explores the connection between the ideological and material basis of civil society and distinguishes between its autonomous Western origin and the recent growth in the developing world. Finally, civil society is examined in the international area: the example of Nepal reveals ways in which civil societies in the developing world are burgeoning as alternative policy instruments in interstate relations"--P. [4] of cover.