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Constitutional history and constitutional migration : Nepal
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Malagodi, Mara (2022) Constitutional history and constitutional migration : Nepal. In: Law, David S., (ed.) Constitutionalism in Context. Comparative Constitutional Law and Policy . Cambridge: Cambridge University Press, pp. 113-135. ISBN 9781108699068
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Official URL: http://doi.org/10.1017/9781108699068.007
Abstract
This chapter examines the contested concept of constitutional identity in the comparative constitutional law literature and situates it in the specific jurisdictional context of Nepal. In particular, the analysis concentrates on the foundational function of constitutions and explores the relationship between constitutionalism, identity politics, and constitutional design. Nepal is an ideal case study for exploring the notion of constitutional identity because it sits uneasily within the traditional taxonomies used in the discipline. For instance, Nepal is the only South Asian country that was never colonised and whose legal system does not operate in English, but in the country’s national language, Nepali. This unusual level of historical continuity in the process of nation-building has complicated the construction of constitutional identity, as demonstrated by the embattled historical relationship between the Shah-centered “national monarchy” and democracy, the enduring and controversial position of Hinduism in the constitutional framework, and the patterns of legal discrimination on the basis of identity that persist in the new 2015 constitution.
Item Type: | Book Item | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Comparative Constitutional Law and Policy | ||||
Publisher: | Cambridge University Press | ||||
Place of Publication: | Cambridge | ||||
ISBN: | 9781108699068 | ||||
Book Title: | Constitutionalism in Context | ||||
Editor: | Law, David S. | ||||
Official Date: | February 2022 | ||||
Dates: |
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Number of Pages: | 566 | ||||
Page Range: | pp. 113-135 | ||||
DOI: | 10.1017/9781108699068.007 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
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