Chapter

Nepal’s National Constitution

Mara Malagodi

in Constitutional Nationalism and Legal Exclusion

Published in print July 2012 | ISBN: 9780198082910
Published online January 2013 | e-ISBN: 9780199082179 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198082910.003.0001
Nepal’s National Constitution

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This book explores the link between constitutional nationalism and the patterns of legal exclusion during Nepal's 1990 constitutional experience. It discusses why Nepal was institutionalized at the constitutional level in 1990, after the return to democracy at the end of three decades of autocratic, monarchic Panchayat regime (1960–1990). It also analyses the nation's institutionalization in ethno-cultural terms in the 1990 Constitution in the context of a political process that is both democratic and constitutional. Furthermore, the book investigates the relationship between specific patterns of social exclusion in the legal sphere. Finally, it looks at one specific aspect of the relationship between law and society in Nepal: the definition of the nation at the constitutional level and how it influenced the treatment of socio-cultural diversity by state actors.

Keywords: Nepal; constitutional nationalism; legal exclusion; Constitution; institutionalization; democracy; socio-cultural diversity; law; re-democratization; social exclusion

Chapter.  10124 words. 

Subjects: Constitutional and Administrative Law

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