Suchergebnisse

AbstractThe article analyses Nepal's transition in 2007 from the constitutional definition of the state as a 'Hindu monarchical kingdom' to a 'secular federal republic', followed by the abolition of the Shah monarchy in 2008. Nepal's institutional change in 2007–2008 invites reflection on the role of Hindu kingship in informing Nepali nationalism in its constitutional formulation. The developments of the Shah monarchy are interpreted as the product of both the institution and the various historical figures that have occupied that institutional place. However, it is argued that the more or less charismatic qualities of individual Shah kings were 'contained' within and minimised by the prevailing institutional dimension of the monarchy in defining the Nepali nation. The nationalist legitimacy of the Shah monarchy as Nepal's core political institution rested upon the notion of Hindu kingship, which transcended the single historical personalities of the Shah kings and proved so pervasive that it has shaped the constitutional definition of the nation even in republican Nepal.

AbstractThe present article endeavours to analyse the use and scope of Western positivistic legal tools in the creation of the Nepali nation. It suggests a two‐level analysis. First, a historical analysis of Nepal's political and legal developments is presented to investigate the rationale of using law as a social engineering and homogenising tool promoting an identifiably Nepali national identity. Second, the article focuses on the current debates concerning constitutional change in Nepal. The debates about the demise of the 1990 Constitution in 2007, and the election of a Constituent Assembly need to be investigated in the light of the growing politicisation of ethnicity in the country. The overarching demand for inclusion stems from the discontent of Nepal's ethno‐linguistic, religious, and regional minorities with their historical subordination. Ultimately, the article aims to demonstrate that the Nepali experience is situated somewhere between the civic and ethnic models of nationalism Kohn enunciated.

"This is the first in a 4 volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution. The book offers answers to questions on the causes, processes, substance and implantation involved in making new constitutions such as; - What are the political, social, and economic factors that drive the constitution-making? - How are constitutions made, and who makes them? - What are the substantive contents of constitution-making? - What kinds of legislation are enacted to implement constitutions? - How do courts enforce constitutions? The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, Pakistan, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam."--

Intro -- Table of Contents -- List of Contributors -- Table of Cases -- Table of National Legislation -- Table of International Materials -- Introduction -- I. Overview of the Series -- II. Contributions of Volume I - Constitution-Making -- III. Methodology -- IV. Structure of the Volume -- 1. Japan's Post-War Constitution: 'Imposed' Constitution or Hybrid between Global and Local Stakeholders? -- I. Introduction -- II. Cause -- III. Process -- IV. Substance -- V. Implementation -- VI. Conclusion -- 2. Founding and/or Refounding: South Korea's 1948 Constitution -- I. Introduction -- II. Context and Causes for Making a Constitution -- III. Process and Features of Constitution-Making in 1948 -- IV. Substances and Principles of the 1948 Constitution -- V. Implementation and Legacy -- VI. Conclusion -- 3. The Longest Process: Making the 1946 Constitution of the Republic of China -- I. National Survival: Constitution-Making in a Failed State -- II. Towards a Revolutionary Constitution: A Long Process of Draft and Provisional Constitution-Making -- III. In Defence of a Five-Power Constitution -- IV. Guardian of the Constitution: The First Post-WWII Constitutional Court -- 4. The Making of China's 1982 Constitution -- I. The Decision to Revise the Constitution -- II. The Work of Revision -- III. Completion and Adoption -- IV. Conclusion -- 5. The Making of the Hong Kong Basic Law -- I. Introduction -- II. The BLDC and the BLCC: Organisation and Operation -- III. Major Issues and their Resolution -- IV. Concluding Reflections -- 6. North Korean Cultural Revolution: Reading Culture in the 1972 Constitution -- I. Constitution of 1948: The Mirror Stage of the Nascent-State -- II. The Discourse of the Three Revolutions -- III. North Korea's Cultural Revolution in 1972 -- IV. Conclusion -- 7. The Making of the 1992 Mongolian Constitution -- I. Background.

"This book analyses the equal citizenship claims of women and sexual and gender diverse people across several Asian jurisdictions. The volume examines the rich diversity of constitutional responses to sex, gender, and sexuality in the region from a comparative perspective. Leading comparative constitutional law scholars identify "opportunity structures" to explain the uneven advancement of gender equality through constitutional litigation and consider a combination of variables which shape the diverging trajectories of the jurisdictions in this study. These variables include: - constitutional structures - the composition and powers of the courts - regional constitutional isomorphism - the incorporation of international and regional human rights standards - hermeneutic traditions - colonial legacies - foreign influences - social structures and hierarchies - forms of gendered and/or religious nationalism. The authors also embed the relevant constitutional and legal developments in their historical, political and social contexts. This deep contextual understanding of the relationship between sex, gender, sexuality, and constitutionalism greatly enriches the analysis. The case studies reflect a variety of constitutional structures, institutional designs, and contextual dynamics which may advance or impede developments with respect to sex, gender, and sexuality. As a whole, the chapters further an understanding of the constitutional domain as a fruitful site for advancing gender equality and the rights of sexual and gender diverse people. The jurisdictions covered represent all Asian sub-regions including: East Asia (Japan, Taiwan, Hong Kong, and South Korea), South East Asia (Malaysia, Singapore, Philippines, and Indonesia), and South Asia (India, Nepal, Pakistan, and Sri Lanka). The introductory framework chapter situates these insights from the region within the broader global context of the evolution of gender constitutionalism."--