United Nations
Information Centre | Nepal
Information Package on Constitutional Issues (Series One - Technical Paper)
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The Support to Participatory Constitution Building in Nepal (SPCBN/UNDP) project is providing different kinds of support to Nepal's constitution building process. In addition to organizing constructive dialogues and discussions between CA members and other stakeholders on contentious issues with regard to constitution writing, the Centre for Constitutional Dialogue (CCD) provides simple, easily accessible and appropriate information on the constitution drafting process. The Centre has also been publishing research material on related topics with the objective of contributing to consensus building on contentious issues. The 'Information Materials on Constitutional Issues (Series One-Technical Paper)' booklet has been prepared with the objective of facilitating the Constituent Assembly to make decisions on some technical constitutional matters and also to provide information to stakeholders on such matters. The booklet also provides several options and discusses the strong and weak aspects of some of the technical aspects of the Constitution such as the preamble (of the Constitution), Definition of Nation and State, Constitutional Amendment, State of Emergency, the provision of Removing Difficulties etc. The booklet is expected to contribute to rational decision-making on such issues and to help in Constitution Building. In addition to this technical paper series, CCD is also planning to gradually
publish a series of research materials on key Constitutional Issues. Such
publications are expected to help CA members, representatives of the Civil
Society, and other stakeholders to make the right decisions at the right time. Nepal’s Interim Constitution of Nepal, 2063, 2007 begins with the words “We the people”. The tradition of putting a preamble in a Constitution probably began with the US Constitution which also begins with the words, ‘We the People of the United States…’ Many other Constitutions in this way to emphasize that Constitutions are based on the will of the people, not of kings or gods or governments. By emphasizing people, the preamble also asserts that the Constitution is created for and by a political community. Nepal has its own tradition of incorporating preambles in its constitutions. The preamble sets the tone for the 1990 Constitution recognizing the ‘constitutional monarchy’ as well as human rights; multiparty democracy and other values such as liberty,fraternity and the rule of law.. The constitution allowed amendments only if they would not go against the spirit of the preamble.However, in the aftermath of the Jana Andolan, the 1990 constitution was replaced by the current Interim Constitution which recognizes the historic for democracy, and the need to restructure the state to resolve problems of marginalization on the basis of caste, class, region and gender.It reinforces the commitment to democratic norms and values, including multiparty democracy, periodic elections and a secular, federal, democratic republic. It declares that the Interim constitution was created on the basis of
a political consensus.
#ConstitutionWriting #NepaliConstitution
Publisher:
SPCBN, CCD/UNDP ,   (2010 )
Type / Script:
Publication in English
Keywords:
NATIONALISM, ACT OF STATE, GENERAL AND NATIONAL LAW, CONSTITUTIONAL LAW, SOVEREIGNTY, DEMOCRACY, POLITICAL SYSTEMS, EQUALITY, FREEDOM, HUMAN RIGHTS, FEDERALISM, FEDERAL GOVERNMENT, INTERNATIONALISM, INTERNATIONAL RELATIONS, INTERNATIONAL COOPERATION, GLOBALIZATION
Thematic Group:
 UNDP : Social and Institutional Developoment
Thesaurus:
01.07.00  -  General And National Law
Reference Link:
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