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The Constitutional System of Nepal: A Contextual Analysis

The Constitutional System of Nepal: A Contextual Analysis

Paperback

Series: Constitutional Systems of the World

General Law

PREORDER - Expected ship date July 22, 2027

ISBN10: 1509961976
ISBN13: 9781509961979
Publisher: Hart Publishing
Published: Jul 22 2027
Pages: 304
Weight: 1.00
Height: 1.00 Width: 5.43 Depth: 8.50
Language: English

This book traces the evolution of Nepal's constitutional order through its history, politics, and social transformation, with particular emphasis on the 2015 Constitution, the country's seventh and current constitution. It examines the forces that have shaped constitutional change since Nepal's first experiments with constitutional democracy in the early 1950s.

The book identifies three defining themes in Nepal's constitutional development.

First, it explores the enduring challenge of constraining executive power. Despite adopting parliamentary government, Nepal has experienced repeated constitutional instability, including authoritarian rule, executive dominance, frequent government turnover, and the marginalisation of the legislature. Historical struggles between hereditary rulers and representative political forces have profoundly influenced constitutional institutions. Since 1990, the Supreme Court has become a central constitutional actor, intervening in major political crises while itself becoming the subject of political contestation.

Second, the book examines the constitutional politics of identity in one of South Asia's most diverse societies. Demands for inclusion, representation, and social justice have reshaped constitution-making and constitutional adjudication, influencing the civil war, the post-conflict transition, and implementation of the 2015 Constitution. By situating these developments within Nepal's history of monarchy, Hinduism, and social hierarchy, the book highlights how competing visions of nationhood continue to shape constitutional debates.

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