The Purpose Of Building A Constitution

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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 …show more content…

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

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