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Nepal's constitutional transition

Author

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  • Luther, Joerg

    ()

  • Francavilla, Domenico

    ()

Abstract

The political situation of Nepal has changed rapidly in 2006. Civil war ended by virtue of a shared constitutional agreement for future peace and development of democracy. In the current transitional phase, constitutional legality and the rule of law may be difficult to preserve. However, the transition will be successful only if the new Constitution can be seen as unquestionably based on people's sovereignty. This article tries to address a set of specific constitutional questions: (1) Why did the Constitution of 1990 fail? (2) How did the country step into the constitutional transition? (3) Does the Interim Constitution suffer a lack of legitimacy? (4) What about the future role of Parliament? (5) Is Hindu Monarchy over? (6) How Military can be brought to democratic civil control? (7) What kind of electoral system is needed for the Constituent Assembly? (8) How can the future constitution guarantee justice for the violations of human rights and political crimes of the past? (9) How can the Constitution Making Process develop inclusive democracy? (10) Has Federalism a chance? The answers reflect from a European perspective on ideas that are now discussed in Nepal about the constitutional process and could be useful even elsewhere.

Suggested Citation

  • Luther, Joerg & Francavilla, Domenico, 2007. "Nepal's constitutional transition," POLIS Working Papers 84, Institute of Public Policy and Public Choice - POLIS.
  • Handle: RePEc:uca:ucapdv:84
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    JEL classification:

    • D63 - Microeconomics - - Welfare Economics - - - Equity, Justice, Inequality, and Other Normative Criteria and Measurement
    • D74 - Microeconomics - - Analysis of Collective Decision-Making - - - Conflict; Conflict Resolution; Alliances; Revolutions
    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • N45 - Economic History - - Government, War, Law, International Relations, and Regulation - - - Asia including Middle East
    • P48 - Economic Systems - - Other Economic Systems - - - Political Economy; Legal Institutions; Property Rights; Natural Resources; Energy; Environment; Regional Studies

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