As part of UNDP's commitment to supporting Nepal's process of making a new constitution, the Constitution Advisory Support Unit (CASU) organized this conference on constitution making on 3rd and 4th March 2007 in Kathmandu. This was part of a series of national constitutional conferences aiming to bring together persons and organizations from all over the country to discuss specific issues of constitution making and options for the new constitution. Some of these have taken place after different groups have travelled throughout the country, given information about the process and the issues that will be determined by the Constituent Assembly. The aim is to promote discussions that will lead to an effective constitution making process that will reflect, both in the process of making the new constitution and in its substance, the principles and aspirations of the jana andolan of 2006. These conferences have been designed to ensure that different sectors of society meet and share ideas. Similarly, they should help in the work of the Constituent Assembly by raising awareness, by developing an agenda and raising issues about the new constitution, exploring in some detail the implications of different approaches that might be taken and different institutions that might be adopted in a new constitution. The conferences have built on the work of civil society, and hopefully reflect the views that people have been expressing. It is CASU's view that such events are themselves part of constitution building, because they generate ideas, and are part of the whole process of developing a constitution-consciousness that will be essential for the success of the new constitution. We also hope that this report will also serve as a record of what people were thinking about and discussing at the time the conference was held. The main focus of the conference was on making a new constitution, rather than on the substantive issues that would have to be decided when making that constitution (though inevitably some issues related to substance were raised). A general discussion of the issues involved in making a constitution took place during two sessions of the conference. One session was devoted to a consideration of the 1990 Constitution, and to what lessons could be derived from that experience – both the process of making that constitution and from the constitution itself and from the way it was, or was not, implemented. Another session was devoted to the presentation by leaders of political parties of their perspectives on the process of making a new constitution. And one session concerned specifically the working of the Constituent Assembly.
This report is a summary of the observations and suggestions made at the conference rather than a consecutive account of the event. There was a good deal of overlap between remarks made by various speakers, and participants from the floor. An attempt has been made to remove overlap and repetition, while giving some sense of who made various remarks, and the importance given to a particular issue by participants.
#NewConstitution
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Publisher:
CCD/UNDP
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(2007
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Type / Script:
Progress Report
in English
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Keywords:
CONSTITUTIONS, CONSTITUTIONAL LAW, FUNDAMENTAL RIGHTS, DUTIES, SOVEREIGNTY, STATE RESPONSIBILITY, STATE POLICIES, STATE PRINCIPLES, STATE STRUCTURE, DISTRIBUTION OF STATE POWER, FEDERAL GOVERNMENT, DECENTRALIZATION IN GOVERNMENT, LEGISLATIVE BODIES, JUDICIAL POWER, COURTS, HUMAN RIGHTS, JUDICIAL SYSTEM, ADMINISTRATION OF JUSTICE, JURISDICTION, CIVIL SOCIETY, POLITICAL PARTIES, POLITICAL CONDITIONS, FEDERALISM, CONFLICT
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Thematic Group:
UNDP
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Social and Institutional Developoment
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Thesaurus:
01.07.00
- General And National Law
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Reference Link:
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