Download or read book Self Determination Constitution Making in Nepal written by Surendra Bhandari and published by Springer Science & Business. This book was released on 2014-04-28 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Self determination of Peoples written by Wolfgang F. Danspeckgruber and published by Lynne Rienner Publishers. This book was released on 2002 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing especially on the era since the Cold War, political scientists, other scholars, and government officials examine both empirically and conceptually the causes and impacts of people striving for self-determination and autonomy. They consider the legal, political-administrative, ethnic-cultural, economic, and strategic dimensions; and try to consider examples from all major regions. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Download or read book A Practical Guide to Constitution Building written by Winluck Wahiu and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--
Download or read book Constitutional Foundings in South Asia written by Kevin YL Tan and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the idea of origins, how things are formed, and how they relate to their present and future in terms of 'constitution-making' which is a continuous process in South Asian states. It examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the eight modern nation-states in South Asia. The book looks at the constitutions of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. It provides an explanatory description of the process and substantive inputs in the making of the first constitutions of these nations; it sets out to analyse the internal and external (including intra-regional) forces surrounding the making of these constitutions; and it sets out theoretical constructions of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states and their subsequent impact on state-building in the region.
Download or read book The Theory of Self Determination written by Fernando R. Tesón and published by Cambridge University Press. This book was released on 2016-04-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.
Download or read book The Judicial Application of Human Rights Law written by Nihal Jayawickrama and published by Cambridge University Press. This book was released on 2002-12-12 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: 10 The right to life
Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Download or read book The Global Emergence of Constitutional Environmental Rights written by Joshua C. Gellers and published by Routledge. This book was released on 2017-05-18 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.
Download or read book A History of the Self Determination of Peoples written by Jörg Fisch and published by Cambridge University Press. This book was released on 2015-12-09 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the conceptual and political history of the right of self-determination of peoples.
Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Download or read book The Principle of Equality in Diverse States written by Eva Maria Belser and published by BRILL. This book was released on 2021-05-25 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.
Download or read book Minority Accommodation through Territorial and Non Territorial Autonomy written by Tove H. Malloy and published by Oxford University Press. This book was released on 2015-10-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minority Accommodation through Territorial and Non-Territorial Autonomy explores the relationship between minority, territory, and autonomy, and how it informs our understanding of non-territorial autonomy (NTA) as a strategy for accommodating ethno-cultural diversity in modern societies. While territorial autonomy (TA) is defined by a claim to a certain territory, NTA does not assume that it is derived from any particular right to territory, allocated to groups that are dispersed among the majority while belonging to a certain self-identified notion of group identity. In seeking to understand the value of NTA as a public policy tool for social cohesion, this volume critically dissects the autonomy arrangements of both NTA and TA, and through a conceptual analysis and case-study examination of the two models, rethinks the viability of autonomy arrangements as institutions of diversity management. This is the second volume in a five-part series exploring the protection and representation of minorities through non-territorial means, examining this paradox within law and international relations with specific attention to non-territorial autonomy (NTA).
Download or read book The Indian Yearbook of Comparative Law 2018 written by Mahendra Pal Singh and published by Springer. This book was released on 2019-07-10 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.
Download or read book Annual Review of Comparative and International Education 2019 written by Alexander W. Wiseman and published by Emerald Group Publishing. This book was released on 2020-06-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Annual Review of Comparative and International Education 2019 examines the field of comparative and international education by bringing together scholars, professionals, and other stakeholders to investigate recent developments in the field that are relevant to contemporary and future educational reform and applications worldwide.
Download or read book Canadian Federalism and Its Future written by Alain-G. Gagnon and published by McGill-Queen's Press - MQUP. This book was released on 2020-09-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.
Download or read book The Madhesi Upsurge and the Contested Idea of Nepal written by Kalpana Jha and published by Springer. This book was released on 2017-03-20 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is set against the burning issue of ethnic uprisings in the Madhes region of Nepal and analyses debates on the idea of contemporary Nepal. The limited view of Nepal as a primarily hill nation with Nepali-speaking people ignores the vast ethnic and linguistic diversity of the country. It has particularly rendered stateless the Madhesi community which inhabits the plains bordering India and shares closer cultural affinity and marital ties across the border. Increasing demands for ethnic and territorial autonomy by the Madhesis suggest the need for redefining the idea of Nepal and establishing Madhesi identity as Nepali identity while at the same time addressing the deeply contested idea of regional versus social identity in the region. This book uses narratives from the Madhesi community including from prominent Madhesi analysts and activists, to define their identity as well as their aspirations in a democratic Nepal. It also provides a perspective on the internal dynamics of caste and language of this region and their possible impact on consolidating ethnic identities in Nepal.
Download or read book India s Founding Moment written by Madhav Khosla and published by . This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--
