Nepali state is operating in a constitutional limbo. The original mandate of the constituent assembly has constitutionally ended in April 2010. The two extensions of the assembly’s term have been constitutionally dubious, so will be the third extension now being sought. And there are no signs that the next extension will take us any closer to the constitution.
Writing a democratic constitution has never been easy. Yas Ghai, a constitutional expert, says the purpose of building a constitution is not just writing the document. It also has to bring reconciliation among conflicting groups, strengthen national unity, empower the people and prepare them for participation in public affairs and the exercise and protection of their rights, elaborate national goals and values, broaden the agenda for change, promote knowledge and respect for principles of constitutionalism, and enhance the legitimacy of the settlement and the constitution. This is a quite complex political smorgasbord to handle in a short period. Only a few countries like the United States and Nepal in 1990 have been able to draft their
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A repeated lie does not become a truth. Similarly, a constitutionally questionable extension of the assembly repeatedly does not make it constitutional. Since the very mandate of the constituent assembly is jeopardy now, anything done by the assembly is going to be inconsistent with the natural justice as well as the due process, even if the outcome is good. For instance, if a fraudster contributes part of his theft to a charity, the contribution, though good in outcome, remains unlawful. This is exactly what will be the status of the new constitution when it is delivered by this constitutional assembly, because it has already become
How Democratic is the American Constitution? by Robert A. Dahl is an interesting novel questioning the reliability of the American Constitution. Dahl brings up many interesting points and queries in the novel that really strike a chord with anyone who has had similar thoughts before, including me. His main first argument stating that the Constitution is essentially outdated is what caught my attention the most, with his argument that the Constitution needs to be more democratic coming as a close second. These are the two main arguments I’ll be focusing on as they’re ones that I’ve thought about prior to reading this book in previous government related classes.
"The Constitution allows all laws to be revised [...] by an Assembly of Expert, which is
For a document written in a mere one hundred and sixteen days, it is quite amazing that the United States Constitution still plays an integral role in the government. However, this document, like many important governing papers, has come with controversies and arguments since its establishment as a set of principles with which to govern states. The Constitution of the United States, created in 1787, arose from a need of a new document after the Articles of Confederation that could assert more control over the states. A product of the Constitutional convention, the Constitution laid out the framework for a popular government with checks and balances as well as a separation of powers. Since the Constitution is a relatively short document given
By the late eighteenth century, America found itself independent from England; which was a welcomed change, but also brought with it, its own set of challenges. The newly formed National Government was acting under the Articles of Confederation, which established a “firm league of friendship” between the states, but did not give adequate power to run the country. To ensure the young nation could continue independently, Congress called for a Federal Convention to convene in Philadelphia to address the deficiencies in the Articles of Confederation. While the Congress only authorized the convention to revise and amend the Articles the delegates quickly set out to develop a whole new Constitution for the country. Unlike the Articles of Confederation, the new Constitution called for a national Executive, which was strongly debated by the delegates. There were forces on both sides of the issue trying to shape the office to meet their ideology. The Federalists, who sought a strong central government, favored a strong National Executive which they believed would ensure the country’s safety from both internal and external threats. The Anti Federalists preferred to have more power in the hands of the states, and therefore tried to weaken the national Executive. Throughout the convention and even after, during the ratification debates, there was a fear, by some, that the newly created office of the president would be too powerful and lean too much toward monarchy.
Upon the opening words of the Constitution, "We the People do ordain and establish this Constitution for the United States of America," one must ask, who are these people? While the American Constitution provided its citizens with individual rights, many members were excluded. Elite framers manipulated the idea of a constitution in order to protect their economic interests and the interests of their fellow white land and slave owning men' by restricting the voices of women, slaves, indentured servants and others. Therefore, the Constitution cannot truly be considered a "democratic document." However, because it is a live document, malleable and controllably changeable according to the interest of congress, it has enabled us to make reforms overtime. Such reforms that have greatly impacted America, making us the free, independent nation that we are today.
In creating the Constitution, the states had several different reactions, including a rather defensive reaction, but also an understanding reaction. As a document that provided the laws of the land and the rights of its people. It directs its attention to the many problems in this country; it offered quite a challenge because the document lent itself to several views and interpretations, depending upon the individual reading it. It is clear that the founders’ perspectives as white, wealthy or elite class, American citizens would play a role in the creation and implementation of The Constitution.
Creating a new U.S Constitution was an essential key aspect of making the government more powerful but not too powerful. The Articles of Confederation is one example of a bad document that was not giving the federal government the power that was mandatory for running the country. In creating a new U.S Constitution many troubles arose but were solved within the making of the Constitution.
In most cultures, people have their own traits that define who they are; however, Americans have some extraordinary traits that make them different from the people of other cultures. One particular trait that all Americans have is responsibility. Moreover, the American spirit has included this trait for hundreds of years. One source of this trait is the Constitution. The Founding Fathers wrote the Constitution in 1787 to serve the people. The Constitution is a plan of government that describes the structures and powers of government; it is called a higher law because it serves as a fundamental law that everyone, including those in power, must obey, and its ideas cannot be destroyed. The Constitution has twenty-seven amendments, and the first ten amendments are called Bill of Rights. Each amendment gives American people some rights and duties such as voting, serving on the jury, and paying taxes. These
While an uncodified constitution has the advantages of dynamic, adaptability and flexibility to meet the ever-changing needs of the society , it poses much difficulty in pinpointing the ultimate constitutional principle that should provide legitimacy in the British constitution. This results in a battle between two broad schools of thought––political constitutionalism and legal constitutionalism.
Nepal is a multi cultural; multi linguistic and multi ethnic country, there are 125 cast/ethnic groups who speaks 123 spoken languages. Nepal is secular country, however Hinduism is the predominant religion in the country and ideologically dominant in entire education system since the history. According to census report (2011), Hindu are highest percentage of 81.3 percent (21,551,492) population followed by Buddhism (9.0%; 2,396,099), Islam (4.4%; 1,162,370), Kirat (3.1%; 807,169), Christianity (1.4%; 375,699), Prakriti (0.5%; 121,982), Bon (13,006), Jainism (3,214), Bahai (1,283) and ...
Nepal is one of the landlocked country, which has three side border with India, and one side with China. India has deep security concern in regard of china throughout the history, and it put higher importance in Nepalese politics, as well as foreign policy. As an underdeveloped country, Nepal has been facing different challenges, such as economic, political, and social. Because of political instability, Nepalese foreign policy has been failed to establish a strong relationship with neighboring countries, especially with India. In addition, Nepal has greater ties with India because of cultural similarity, and open borders. Nepal has been tested
Culture and society in Nepal are remarkable in the country. An altitude variation, climate, kinship, settlement, language, dress, food habit, religion, custom, and belief affect them.
A Written constitution is a formal single document which contains the fundamental principles about the state administration, the right of citizens and passed by the government or monarch. The examples of written Constitution are US constitution. On the other hand, if the constitution has not been reserved as a single document and not even passed by a specific body and the fundamental principles of the state exist in Judicial decisions, political customs and in some scattered documents t...
In Nepal, I experienced both the progressive style of family living and the older medieval style where custom and tradition count first no matter what. More than 90% of the people in Nepal who were born between 1978 and 1998 (the Generation Y youth) still live in old medieval-style families where cultural rules govern everyday life. The people of Nepal are socially segmented along lines of caste, sub-caste and ethnicity, and values and traditions also differ from one caste to another.
Nepal is a place that is known for grouping. Fluctuation lies all over the place. You will have enterprise, religion, building design and legacy on the same platter. Come let us visit a noteworthy's percentage visitor destinations of Nepal.