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Self-Determination & Constitution Making in Nepal: Constituent Assembly, Inclusion, & Ethnic Federalism

Self-Determination & Constitution Making in Nepal: Constituent Assembly, Inclusion, & Ethnic Federalism (Hardback)

£82.00
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Synopsis

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.

LawLaws of Specific jurisdictionsConstitutional & administrative law Publisher: Springer Verlag, Singapore Publication Date: 28/04/2014 ISBN-13: 9789812870049  Details: Type: Hardback Format: Books
Availability: Printed to order. Despatched in 2-3 weeks.  

Dr Surendra Bhandari's research interests include the perspectives of legal theory, WTO rules making and constitutionalism. His area of work examines how normative concepts are transmuted into a positive legal structure. Connected by his methodology of welfare--grundnorm (WG), these perspectives inquire how legitimacy, authority and validity interplay both at domestic and international rules making. Predominantly in the domain of legal theory, his research explains the legal osmosis process of the constitutionalization of international laws and its implications for the domestic legal systems, with the WTO as a case in point. In the domain of constitutionalism, his inquiry mirrors the formative process of constitutionalism, its ownership, and implications for governance, taking Nepal as a point of reference. As a Governing Board Member of the Foundation for Development of International Law in Asia (DILA), he is also engaged in the study of the Asian approaches to international law.

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