Law Law

The Constitutional System of Nepal

By Mara Malagodi
Coming Soon Hart Publishing Available October 2026

Specifications

ISBN-13
9781509947256
Publisher
Hart Publishing
Publication
October 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The book presents an evolutionary view of Nepal’s constitutional system, grounded in the country’s historico-political context.

In particular, the analysis focuses on three aspects. First, the book investigates Nepal’s processes of state formation and nation-building, centred on the institution of the Shah monarchy, Hinduism, and the Nepali language vis-à-vis Nepal’s high degree of socio-cultural diversity. Second, it explores the difficulties in democratising Nepal’s constitutional arrangements and entrenching the doctrine of popular sovereignty. This is reflected in the tensions between hereditary political power (the Shah monarchy and the Rana Prime Ministers) and representative political forces (political parties). Constitutionally, these tensions have resulted in the marginalisation of the legislature vis-à-vis the executive throughout the country’s history, notwithstanding the fact that Nepal has always featured a parliamentary form of government.

Lastly, the frequent changes in Nepal’s fundamental law also reflect the profound influences of various foreign institutional models (in particular that of a ‘modified’ Westminster model) and their specific re-negotiation in the Nepali context, regardless of the fact that Nepal was never colonised.

Table of Contents

1. Historical Overview: Constitutionalism and the Quest for Democracy in Nepal
2. Identity Politics and Nepal’s State Structure
3. The Executive Branch of Government
4. The Legislature
5. Nepal’s Embattled Judiciary
6. Fundamental Rights
7. Constitutional Change and Continuity in Nepal
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