Chapter

The Supreme Court of Nepal

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/9780198082910.003.0006
The Supreme Court of Nepal

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This chapter focuses on the Supreme Court of Nepal and examines its position and powers under the 1990 Constitution. It analyses the Court's shifting position and role through different phases of the 1990 constitutional experience in order to illustrate the impact of various political factors — including the state of emergency, King Gyanendra's authoritarian rule, and the various dissolutions of Parliament's Lower House — on its performance. The chapter also considers the Court's role in the progressive disruption of the constitutional process in Nepal after 1990. After discussing the powers of the Supreme Court under the 1990 Constitution, it examines the Court's role and position with respect to law and politics.

Keywords: Nepal; Supreme Court; Constitution; state of emergency; King Gyanendra; authoritarian rule; parliament; Lower House; law; politics

Chapter.  7140 words. 

Subjects: Constitutional and Administrative Law

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