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Constitutional Nationalism and Legal Exclusion

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

Author: Mara Malagodi
Publisher: Oxford University Press
ISBN: 9780198082910
Published In: January 2013
Format: Hardback , 340 pages
Jurisdiction: India ? Disclaimer:
Countri(es) stated herein are used as reference only

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First in-depth study of post-1990 constitutional developments in Nepal
Timely contribution to current heated debates over constitutional change in Nepal
Analyses comparative legal developments in India

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.

Readership: This book will be of interest to scholars, researchers, teachers, and students of law, political science, and international relations. Lawyers, judges, and policymakers in India, Nepal, and other South Asian countries will also find this book useful.

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