Constitutionalism in Asia in the Early Twenty-First Century

this case illustrates the limitations of judicial activism in overcoming challenges that should ideally be dealt with by the exe ...

governments as well as universities to act in accordance with the guidelines formulated by the committee. 132 Article 19 ( 1 )(a ...

Although the Constitution does not explicitly deal with governance gaps, two aspects are worth noting. First, a combined reading ...

may be that until the recent mass movement against corruption, only socio- economic inequalities were at the core of the politic ...

16 The old order is dying, the new order is not yet born Politics of constitution demolishing and constitution building in Nepal ...

procedure for making, and attempts to make, a new constitution. Finally, it reflects on the role of constitutions in conflict re ...

suffered various forms of discrimination and disadvantage. Brahmins dominated society, and by that token the state. Individuals ...

(c) from a hegemonic to a participatory system of governance, (d) from a state underpinned by one dominant religion to secularis ...

In the present times, states find it exceedingly hard to resist such claims, which now find support in both moral and legal theo ...

government to promote ‘amongst the people of Nepal the spirit of fraternity and the bond of unity on the basis of liberty and eq ...

the right (and power) of franchise for a considerable period. Yet they have remained marginalised – because they have been socia ...

iii. making the new constitution Interim arrangements When a country emerges from a state of conflict and state institutions hav ...

deleted, as an IC. The House of Representatives would be restored (it had been dissolved by the king in 2002 after differences w ...

The ICDC published its proposals for the IC on 25 August. Some essential issues were missing – primarily because political parti ...

Abolition of the monarchy The IC granted the king’s functions under the 1990 constitution to either the prime minister or the sp ...

among the parties (particularly the Maoists and the others), and constant demands for participation by the marginalised communit ...

Drafting the new constitution The IC is more detailed than the 1990 constitution, with new understandings of the nation and the ...

Membership of the CA The interim constitution failed to delineate clearly the type of electoral system that would determine the ...

Might the CA also require the new constitution to seek public approval in a referendum? Article 157 authorises the CA, through a ...

not wanting to let go of the prestige and financial benefits of membership, will drag out the process as long as possible – and ...