| Description |
1 online resource (xxiii, 252 pages) : illustrations (some color) |
| Contents |
1. The Landscape of Constitution Making in Nepal. 1.1. Six Decades of Constitutional History. 1.2. Pre-1990 Constitution-Making Processes. 1.3. The 1990 Constitution-Making Process. 1.4. Making of the Interim Constitution 2007. 1.5. Lessons from Past Constitution Making. 1.6. Concluding Observations -- 2. Abolition of Monarchy. 2.1. Background. 2.2. The First Conflict: Conflict Between Gorkha and Other Principalities. 2.3. The Second Conflict: Conflict Between the Shah and Rana Dynasties. 2.4. The Third Conflict: The King Versus the People. 2.5. Concluding Observations -- 3. Why Did the Constituent Assembly Fail?. 3.1. The Context of the CA. 3.2. Reasons for the Failure of the CA. 3.3. Designing a Constitution in the Future. 3.4. Concluding Observations -- 4. Epistemology of Ethnic Federalism. 4.1. Civic or Ethnic Federalism?. 4.2. Ethnic and Indigenous Identity. 4.3. Ethnic Federalism in Nepal. 78. 4.4. Major Schools of Thought and the Controversy. 4.5. Civic Identity. 4.6. Concluding Observations -- 5. Nation-Building, Inclusion, and Liberal Democracy. 5.1. Nation-Building in Nepal. 5.2. Inclusion. 5.3. Liberal Democracy and Federalism. 5.4. Concluding Observations |
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6. Right to Self-Determination and Restructuring the Nepalese State. 6.1. Right to Self-Determination (RSD). 6.2. RSD: Internal Autonomy of Groups and Ethnic Federalism. 6.3. IRSD and Its Scope: Empowerment of All Peoples. 6.4. Restructuring the Nepalese State. 6.5. Concluding Observations -- -- 7. Prospects of Liberal Democracy and Development. 7.1. The CA Must Not Repeat Past Mistakes: Learn from the Past. 7.2. Monarchy Is Abolished: Monarchs Have Yet To Be Abolished. 7.3. Ethnic Federalism Versus Federalism: Don't Summon the Condition of Scylla and Charybdis. 7.4. Inclusive State: Within the Scope of Human Rights. 7.5. Civic State: From a Normative to a Positive State. 7.6. Political Parties Reform: From Private Companies to Public Entities. 7.7. Liberal Democracy: Social Engineering of Inclusion, Participation, and State Restructuring. 7.8. Positive Discrimination: Revisiting the Rawlsian Model. 7.9. The Rule of Law: From Constitutionalism to Post-constitutionalism. 7.10. Freedom and Development: B.P. Koirala and Amartya Sen Revisited. 7.11. Policy Choices: Welfare-Grundnorm |
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8. Concluding Observations. Annexes. Annex I. List of the Members of the Reform Committee Constituted by Rana Prime Minister Maharaja Pudma Shumsher on April 28, 1947. Annex II. List of the Members of the Drafting Committee of the 1951 Constitution--Interim Government Act of Nepal. Annex III. List of the Members of the Constitution Drafting Committee Constituted by King Mahendra on January 2, 1958, Which Drafted the Constitution of the Kingdom of Nepal, 1959. Annex IV. List of the Members of the Constitution Drafting Committee Constituted by King Mahendra on May 8, 1962, Which Drafted the Constitution of Nepal, 1962. Annex V. List of the Members of the Constitution Recommendation Commission of the 1990 Constitution. Annex VI. Agreement of the Third Round Negotiations Between the Government of Nepal and the Communist Party of Nepal (Maoist) That Constituted a Drafting Committee of the Interim Constitution of Nepal, 2007. Annex VII. The Cease-Fire Code of Conduct Signed Between the Government of Nepal and the Communist Party of Maoist (CPN Maoist). Annex VIII. 12-Point Understanding Concluded Between the Seven Political Parties and the Communist Party of Nepal (Maoist) on November 22, 2005. Annex IX. The Comprehensive Peace Agreement Concluded Between the Government of Nepal and the Communist Party of Nepal (Maoist) on November 21, 2006. Annex X. A Proclamation to the Nation from His Majesty King Gyanendra on April 24, 2006 |
| Summary |
"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."--Publisher's description |
| Notes |
Online resource and print version record; title from PDF title page (SpringerLink, viewed on June 10, 2016) |
| Bibliography |
Includes bibliographical references (pages 237-245) and index |
| Notes |
English |
| Subject |
Federal government -- Nepal
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Constitutional law -- Nepal
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HISTORY -- Asia -- India & South Asia.
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Droit.
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Sciences sociales.
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Sciences humaines.
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Federal government
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Constitutional law
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Nepal.
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Constitutional state.
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Parliaments.
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Self-determination.
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Democracy.
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Constitutional law.
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Nepal
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| Form |
Electronic book
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| ISBN |
9789812870056 |
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9812870059 |
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