Chapter

Legal Exclusion in Post-1990 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/9780198082910.003.0007
Legal Exclusion in Post-1990 Nepal

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This chapter examines the role of the 1990 Constitution in the continued exclusion of the marginalized socio-cultural groups in Nepal's legal arena. It discusses the institutionalization of the Nepali nation in ethno-cultural terms in the 1990 Constitution and whether it engendered patterns of legally sanctioned exclusion through the interpretation and implementation of the Constitution until its abrogation in 2007. Drawing on the concept of path dependence as elaborated in historical institutionalism, the chapter considers the enduring discrimination against and marginalization of certain groups within Nepali society — defined in terms of religion, ethnicity, language, region, and gender. After exploring the link between constitutional institutionalization and patterns of legal exclusion of groups, it assesses how the legislature and the executive responded to this legal exclusion.

Keywords: Nepal; Constitution; socio-cultural groups; legal exclusion; institutionalization; discrimination; marginalization; legislature; religion; gender

Chapter.  13561 words.  Illustrated.

Subjects: Constitutional and Administrative Law

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