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8 - Nepal’s Most Towering Judge: The Honourable Kalyan Shrestha

Published online by Cambridge University Press:  25 March 2021

Rehan Abeyratne
Affiliation:
The Chinese University of Hong Kong
Iddo Porat
Affiliation:
College of Law and Business (Israel)
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Summary

This chapter investigates the tremendous contribution of Justice Kalyan Shrestha to the creation of a distinctively Nepali constitutional identity, a contribution that has manifested itself primarily through Supreme Court-level constitutional adjudication aimed at negotiating and synthesizing autochthonous legal culture with international legal norms. Justice Shrestha’s legacy can also be identified in the Court’s administrative reforms. Moreover, the historical and political context of Justice Shrestha’s tenure is crucial to explain the impact of his work. The eleven years that he spent on the Supreme Court’s bench, between 2005 and 2016, correspond to a period of great political turmoil, profound constitutional transformation, and dramatic democratic change, which had a direct impact on constitutional litigation. The chapter analyses the leading cases that Justice Shrestha adjudicated on and the key administrative reforms of the Court that he spearheaded. The doctrinal analysis is bolstered by a series of in-person conversations with Justice Shrestha reflecting on the nature of his contributions to the Supreme Court of Nepal, and ultimately his legacy.

Type
Chapter
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Towering Judges
A Comparative Study of Constitutional Judges
, pp. 155 - 173
Publisher: Cambridge University Press
Print publication year: 2021

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