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Self-Determination & Constitution Making in Nepal

Constituent Assembly, Inclusion, & Ethnic Federalism

  • Book
  • © 2014

Overview

Authors:
  1. Surendra Bhandari

    1. College of International Relations, Ritsumeikan University, Kita-ku, Kyoto, Japan

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  • Highlights the reasons for the failure of the Constituent Assembly in Nepal

  • Presents insights into managing the tension between constitutionalism and constitution making in Nepal

  • Offers epistemology of ethnic federalism in Nepal

  • Provides solutions for Nepal's constitutional future

  • Includes supplementary material: sn.pub/extras

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Table of contents (8 chapters)

  1. Front Matter

    Pages i-xxiii
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  2. The Landscape of Constitution Making in Nepal

    • Surendra Bhandari
    Pages 1-28

  3. Abolition of Monarchy

    • Surendra Bhandari
    Pages 29-52

  4. Why Did the Constituent Assembly Fail?

    • Surendra Bhandari
    Pages 53-74

  5. Epistemology of Ethnic Federalism

    • Surendra Bhandari
    Pages 75-97

  6. Nation-Building, Inclusion, and Liberal Democracy

    • Surendra Bhandari
    Pages 99-129

  7. Right to Self-Determination and Restructuring the Nepalese State

    • Surendra Bhandari
    Pages 131-165

  8. Prospects of Liberal Democracy and Development

    • Surendra Bhandari
    Pages 167-206

  9. Concluding Observations

    • Surendra Bhandari
    Pages 207-211

  10. Back Matter

    Pages 213-252
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Keywords

About this book

This book systematically analyzes why constitutions do not survive in Nepal, despite sixty years of constitutional history. The author discusses the epistemology of ethnic federalism in Nepal and examines the challenges of nation building and post-nation constitutionalism. The work addresses the connection between ethnic identity, right to self-determination, constitution making and state restructuring, offering possible ways forward for Nepal.

Chapters consider lessons to be drawn from the past and examine reasons for the abolition of monarchy in Nepal. The book highlights the major problems that the first elected Constituent Assembly (CA) faced in promulgating a new constitution, before it was dissolved in 2012.

The concept of right to self-determination and its complexities at the domestic level are all explored, along with ways forward to address the problem of constitutionalism, ethnic federalism and democracy. The author offers solutions as to how the second CA could address problems to promulgate a new constitution.

The book elaborates on the role that constitutionalism plays in constitution making and the survival of a constitution.

Scholars of politics and international studies, policy makers and those with an interest in law and constitution in Asia will all find this work of interest.

Authors and Affiliations

  • College of International Relations, Ritsumeikan University, Kita-ku, Kyoto, Japan

    Surendra Bhandari

About the author

Dr Surendra Bhandari's research interests include the perspectives of legal theory, WTO rules making and constitutionalism. His area of work examines how normative concepts are transmuted into a positive legal structure. Connected by his methodology of welfare­-grundnorm (WG), these perspectives inquire how legitimacy, authority and validity interplay both at domestic and international rules making. Predominantly in the domain of legal theory, his research explains the legal osmosis process of the constitutionalization of international laws and its implications for the domestic legal systems, with the WTO as a case in point. In the domain of constitutionalism, his inquiry mirrors the formative process of constitutionalism, its ownership, and implications for governance, taking Nepal as a point of reference. As a Governing Board Member of the Foundation for Development of International Law in Asia (DILA), he is also engaged in the study of the Asian approaches to international law.

Bibliographic Information

  • Book Title: Self-Determination & Constitution Making in Nepal

  • Book Subtitle: Constituent Assembly, Inclusion, & Ethnic Federalism

  • Authors: Surendra Bhandari

  • DOI: https://doi.org/10.1007/978-981-287-005-6

  • Publisher: Springer Singapore

  • eBook Packages: Humanities, Social Sciences and Law, Political Science and International Studies (R0)

  • Copyright Information: Springer Science+Business Media Singapore 2014

  • Hardcover ISBN: 978-981-287-004-9Published: 13 May 2014

  • Softcover ISBN: 978-981-10-1231-0Published: 03 September 2016

  • eBook ISBN: 978-981-287-005-6Published: 28 April 2014

  • Edition Number: 1

  • Number of Pages: XXIII, 252

  • Number of Illustrations: 6 b/w illustrations

  • Topics: Comparative Politics, Constitutional Law

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