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Vol 21 No 10 Oct/Nov 2016

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Constitutional Nationalism and Legal Exclusion: Equality, Identity Politics, and Democracy in Nepal (1990-2007)


ISBN13: 9780198082910
Published: January 2013
Publisher: Oxford University Press
Country of Publication: India
Format: Paperback
Price: £30.00



This book is a detailed case study of Nepal's post-1990 constitutional experience. It examines the complex relationship between law and politics, and emphasizes the role of cultural identity in making institutional choices relating to the framing and implementation of the Nepali Constitution. The volume also analyses the patterns of legal exclusion that resulted in the growing politicization of identity, the de-legitimization of the 1990 Constitution, and the current demand for state-restructuring based on ethnic federalism and group rights. The author, tracing the evolution of Nepal from a constitutional monarchy to a republic, analyses the drafting of the 1990 Constitution, the impact of the Maoist insurgency (1996-2006) on demands for constitutional change, the relationship between conflict and demands for recognition, and the role of Nepal's Supreme Court in the articulation of identity politics. Based on pathbreaking research, this volume would be immensely useful to scholars, teachers, and students of law, politics, and international relations.

Subjects:
Constitutional and Administrative Law, Other Jurisdictions , India
Contents:
PREFACE
LIST OF TABLES
LIST OF CASES
1. NEPAL'S NATIONAL CONSTITUTION: CONTEXT AND FRAMEWORK
2. CONSTITUTIONAL NATIONALISM AND EQUALITY
3. THE MAKING OF THE NEPALI NATION
4. 'WE THE PEOPLE': DRAFTING NEPAL'S 1990 CONSTITUTION
5. POST-1990 POLITICAL CONFLICT AND IDENTITY POLITICS
6. NEPAL'S SUPREME COURT
7. LEGAL EXCLUSION IN POST-1990 NEPAL
CONCLUSION: NEPAL BETWEEN CONTINUITY AND CHANGE
ANNEXES
BIBLIOGRAPHY
INDEX