Chapter

Constitutional Nationalism and Equality

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/9780198082910.003.0002
Constitutional Nationalism and Equality

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This chapter examines the theoretical debates concerning constitutionalism, nationalism, identity politics, democracy, and equality and how they relate to the issues of social exclusion. It first considers how national identities are construed in terms of their contents— history, culture, religion, and language — and institutionalized at the constitutional level. It looks at the scholarly debates on nationalism and the link between the state and the nation. The chapter also investigates the institutionalization of Nepal in light of the enduring legacy of the ethnic/civic nationalism dichotomy introduced by Hans Kohn. It then explores how constitutional nationalism is connected to positivist law to elucidate the process of the assimilation of the nation-state into the Nepali political discourse and institutional framework.

Keywords: Nepal; constitutionalism; nationalism; identity politics; democracy; equality; social exclusion; constitutional nationalism; positivist law; institutionalization

Chapter.  9097 words. 

Subjects: Constitutional and Administrative Law

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