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6 - Nepal’s Constitutional Development and the Challenges of Constitution Making

Published online by Cambridge University Press:  03 November 2022

Tom Ginsburg
Affiliation:
University of Chicago
Sumit Bisarya
Affiliation:
International Institute for Democracy and Electoral Assistance
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Summary

Nepal’s constitution-making process took several years and two constituent assemblies to achieve. It was the result of a series of crises and transformations, including a "People’s War" and mass mobilization in the southern part of the country.The iterated set of negotiations led eventually to the adoption of a new kind of federalism, desginated as "Proportionate Inclusive Federalism" to provide a new basis for the state going forward.

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Publisher: Cambridge University Press
Print publication year: 2022

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References

Dixit, Kanaka Mani. 2015. “A Sub-Optimal Draft.” Kathmandu Post, June 3, 2015. Available at https://kanakmanidixit.com/a-sub-optimal-draft/Google Scholar
Elster, Jon. 1995. “Forces and Mechanisms in the Constitution-Making Process.” Duke Law Journal 45: 364396.Google Scholar
Ghai, Yash. 2011. “Ethnic Identity, Participation and Social Justice: A Constitution for New Nepal?” International Journal on Minority and Group Rights 18(3): 309–34.Google Scholar
Hutt, Michael. 1991. “Drafting the Nepal Constitution 1990.” Asian Survey 3(11): 10201039.Google Scholar
Hutt, Michael, 2020. “Before the Dust Settled: Is Nepal’s 2015 Settlement a Seismic Constitution?Conflict, Security & Development 20(3): 379400.Google Scholar
International IDEA. 2015. Nepal’s Constitution Building Process 2006–2015.Google Scholar
Thapa, Ganga B. and Sharma, Jan. 2009, “From Insurgency to Democracy: The Challenges of Peace and Democracy-Building in Nepal.” International Political Science Review 30(2): 205219.CrossRefGoogle Scholar

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