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

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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.

The Self-determination of Peoples

The Self-determination of Peoples
Author: Wolfgang F. Danspeckgruber
Publisher: Lynne Rienner Publishers
Total Pages: 490
Release: 2002
Genre: Political Science
ISBN: 9781555877934

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Focusing especially on the era since the Cold War, political scientists, other scholars, and government officials examine both empirically and conceptually the causes and impacts of people striving for self-determination and autonomy. They consider the legal, political-administrative, ethnic-cultural, economic, and strategic dimensions; and try to consider examples from all major regions. Annotation c. Book News, Inc., Portland, OR (booknews.com)

A Practical Guide to Constitution Building

A Practical Guide to Constitution Building
Author: Winluck Wahiu
Publisher:
Total Pages:
Release: 2011
Genre: Constitutional law
ISBN:

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"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--

Constitutional Foundings in South Asia

Constitutional Foundings in South Asia
Author: Kevin YL Tan
Publisher: Bloomsbury Publishing
Total Pages: 240
Release: 2021-01-28
Genre: Law
ISBN: 1509930272

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This volume addresses the idea of origins, how things are formed, and how they relate to their present and future in terms of 'constitution-making' which is a continuous process in South Asian states. It examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the eight modern nation-states in South Asia. The book looks at the constitutions of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. It provides an explanatory description of the process and substantive inputs in the making of the first constitutions of these nations; it sets out to analyse the internal and external (including intra-regional) forces surrounding the making of these constitutions; and it sets out theoretical constructions of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states and their subsequent impact on state-building in the region.

The Judicial Application of Human Rights Law

The Judicial Application of Human Rights Law
Author: Nihal Jayawickrama
Publisher: Cambridge University Press
Total Pages: 1104
Release: 2002-12-12
Genre: Law
ISBN: 9780521780421

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10 The right to life

The Theory of Self-Determination

The Theory of Self-Determination
Author: Fernando R. Tesón
Publisher: Cambridge University Press
Total Pages: 259
Release: 2016-04-06
Genre: Law
ISBN: 1107119138

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In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.

The Global Emergence of Constitutional Environmental Rights

The Global Emergence of Constitutional Environmental Rights
Author: Joshua C. Gellers
Publisher: Routledge
Total Pages: 143
Release: 2017-05-18
Genre: Law
ISBN: 1315524392

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Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.

Unstable Constitutionalism

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

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

The Principle of Equality in Diverse States

The Principle of Equality in Diverse States
Author: Eva Maria Belser
Publisher: BRILL
Total Pages: 460
Release: 2021-05-25
Genre: Law
ISBN: 9004394613

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This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.