Self Determination Constitution Making In Nepal

Author : Surendra Bhandari
Publisher : Springer Science & Business
Page : 270 pages
File Size : 51,8 Mb
Release : 2014-04-28
Category : Political Science
ISBN : 9789812870056

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Self-Determination & Constitution Making in Nepal by Surendra Bhandari Pdf

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 : Winluck Wahiu,Markus Böckenförde,Nora Hedling
Publisher : Unknown
Page : 128 pages
File Size : 43,8 Mb
Release : 2011
Category : Constitutional law
ISBN : OCLC:779852624

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A Practical Guide to Constitution Building by Winluck Wahiu,Markus Böckenförde,Nora Hedling Pdf

"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."--

Author : Susan Hangen
Publisher : Unknown
Page : 104 pages
File Size : 51,8 Mb
Release : 2007
Category : Political Science
ISBN : UOM:39015076135238

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Creating a "new Nepal" by Susan Hangen Pdf

Author : Kevin YL Tan,Ridwanul Hoque
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 45,7 Mb
Release : 2021-01-28
Category : Law
ISBN : 9781509930272

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Constitutional Foundings in South Asia by Kevin YL Tan,Ridwanul Hoque Pdf

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.

Author : Hari Prasad Bhattarai
Publisher : Unknown
Page : 168 pages
File Size : 40,7 Mb
Release : 2007
Category : Constitutional history
ISBN : UCAL:B5106294

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Democratic Constitution Making by Hari Prasad Bhattarai Pdf

Papers presented at a two day long seminar and a three-hour public lecture, held at Kathmandu during 3-5 August 2004.

Author : Mark Tushnet,Madhav Khosla
Publisher : Cambridge University Press
Page : 415 pages
File Size : 55,9 Mb
Release : 2015-09-17
Category : Law
ISBN : 9781107068957

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Unstable Constitutionalism by Mark Tushnet,Madhav Khosla Pdf

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

Author : Wolfgang F. Danspeckgruber
Publisher : Lynne Rienner Publishers
Page : 490 pages
File Size : 52,5 Mb
Release : 2002
Category : Political Science
ISBN : 1555877931

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The Self-determination of Peoples by Wolfgang F. Danspeckgruber Pdf

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)

Author : Joshua C. Gellers
Publisher : Routledge
Page : 143 pages
File Size : 41,6 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781315524399

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The Global Emergence of Constitutional Environmental Rights by Joshua C. Gellers Pdf

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.

Author : Nihal Jayawickrama
Publisher : Cambridge University Press
Page : 1104 pages
File Size : 40,9 Mb
Release : 2002-12-12
Category : Law
ISBN : 052178042X

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The Judicial Application of Human Rights Law by Nihal Jayawickrama Pdf

10 The right to life

Author : Jörg Fisch
Publisher : Cambridge University Press
Page : 351 pages
File Size : 50,9 Mb
Release : 2015-12-09
Category : History
ISBN : 9781107037960

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A History of the Self-Determination of Peoples by Jörg Fisch Pdf

This book examines the conceptual and political history of the right of self-determination of peoples.

Author : David S. Law
Publisher : Unknown
Page : 612 pages
File Size : 40,5 Mb
Release : 2022-02-09
Category : Law
ISBN : 9781108674263

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Constitutionalism in Context by David S. Law Pdf

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Author : Eva Maria Belser,Thea Bächler,Sandra Egli,Lawrence Zünd
Publisher : BRILL
Page : 460 pages
File Size : 42,7 Mb
Release : 2021-05-25
Category : Law
ISBN : 9789004394612

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The Principle of Equality in Diverse States by Eva Maria Belser,Thea Bächler,Sandra Egli,Lawrence Zünd Pdf

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.

Author : United Nations Department of Economic and Social Affairs
Publisher : United Nations
Page : 250 pages
File Size : 40,9 Mb
Release : 2011-05-09
Category : Political Science
ISBN : 9789210548434

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State of the World's Indigenous Peoples by United Nations Department of Economic and Social Affairs Pdf

While indigenous peoples make up around 370 million of the world’s population – some 5 per cent – they constitute around one-third of the world’s 900 million extremely poor rural people. Every day, indigenous communities all over the world face issues of violence and brutality. Indigenous peoples are stewards of some of the most biologically diverse areas of the globe, and their biological and cultural wealth has allowed indigenous peoples to gather a wealth of traditional knowledge which is of immense value to all humankind. The publication discusses many of the issues addressed by the Declaration on the Rights of Indigenous Peoples and is a cooperative effort of independent experts working with the Secretariat of the Permanent Forum on Indigenous Issues. It covers poverty and well-being, culture, environment, contemporary education, health, human rights, and includes a chapter on emerging issues.

Author : Anonim
Publisher : UN
Page : 158 pages
File Size : 50,8 Mb
Release : 2018
Category : Law
ISBN : UCBK:C116916584

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Human Rights and Constitution Making by Anonim Pdf

"This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.

Author : Kalana Senaratne
Publisher : Cambridge University Press
Page : 293 pages
File Size : 44,7 Mb
Release : 2021-08-05
Category : Law
ISBN : 9781108484404

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Internal Self-Determination in International Law by Kalana Senaratne Pdf

A clear and accessible study of the principle of internal self-determination in international law.