Follesdal, Andreas: Federalism and Human Rights in Nepal’s Constitutional Design: Challenges for the Judiciary. In: Ehlers, Dirk; Glaser, Hennig; Prokati, Kittisak (Ed.): Constitutionalism and good governance: Western and Eastern perspectives, vol. 1, pp. 193-203, Nomos, Baden Baden, 2014. (Type: Book Chapter | Abstract | Links | Tags: federalism, Human Rights, Nepal, publication)@inbook{RN49661,The article addresses one of the difficult tasks of the Nepal Judiciary, which it shares in part with the Constituent Assembly: how to interpret the idea and mechanisms of federalism in ways that are faithful to the best interests of the Nepal people. The CA must create the constitution of a democratic, human rights-respecting Nepal republic, in light of how the constitution will in turn be interpreted and applied by the judiciary. The reflections in this article concern four varieties of federal elements, discussing arguments in favor and against each drawn from an interpretation of other states’ experiences. Two of the four are territorial: Constitutional – an entrenched split of powers – and Political: decentralised autonomy. Two are non-territorial: Minority Rights, and Minority Representation in common decision making bodies. Some of these arguments and lessons may be helpful also for Nepal’s challenges, two features of which are especially noteworthy: there are very many different groups that must be accommodated fairly. And members of these groups very often live side by side on the same territory. Human rights protections combined with federal elements of Nepal’s new constitution must serve to prevent future domination, especially by the centres, over these many ethnic groups and castes. The new constitution therefore creates several new tasks and challenges for Nepal’s judiciary, several of which are identified. |
Follesdal, Andreas: Nepal’s Constitution Writing Process: Rebuilding the Ship while at Sea. In: International Journal of Minority and Group Rights, vol. 18, no. 3, pp. 287-291, 2011. (Type: Journal Article | Abstract | Links | Tags: federalism, Nepal, publication)@article{RN49023,In order to understand the recent political and constitutional events of Nepal, and to discern feasible and fair ways to move forward, it is essential to consider the complex composition, circumstances and potential for conflicts by and among the many groups and minorities that constitute the people of Nepal. The future inclusion of marginalized groups requires the drafters of the constitution to attend closely to various models and mechanisms for managing group claims and conflicts. They include a federal Nepal, various group rights, and a voting system of proportional representation. Closer scrutiny reveals that these demands may be interpreted and institutionalized in several ways consistent with the objectives and needs of the population, especially the desire to prevent domination by a predatory centre, and to bolster local autonomy. To understand and facilitate these developments, the present special issue explores several perspectives and analyses. |
Follesdal, Andreas: Federalism, Ethnicity and Human Rights in Nepal – Or: Althusius meets Acharya. In: International Journal of Minority and Group Rights, vol. 18, pp. 335-342, 2011. (Type: Journal Article | Abstract | Links | Tags: federalism, Human Rights, Nepal, Policy advice, publication)@article{RN48871,The article addresses one of the difficult tasks of the Nepal Constituent Assembly: how to translate the idea and mechanisms of federalism in ways that are faithful to the best interests of the Nepal people into a constitution of a democratic, human rights-respecting Nepal republic. The reflections concern four varieties of federal elements, discussing arguments in favour and against each drawn from an interpretation of other states’ experiences. Two of the four are territorial: constitutional: an entrenched split of powers, and political: decentralised autonomy. Two are non-territorial: minority rights and minority representation in common decision making bodies. Some of these arguments and lessons may be helpful also for Nepal’s challenges, two features of which are especially noteworthy: there are very many diff erent groups that must be accommodated fairly. And members of these groups very often live side by side on the same territory. Human rights protections combined with federal elements of Nepal’s new Constitution must serve to prevent future domination, especially by the centres, over these many ethnic groups and castes. |
Follesdal, Andreas: Nepal’s Constitution – Special Issue. 2011. (Type: Book | Links | Tags: Nepal, publication, Special issues)@book{RN49179, |
Publications
| : Federalism and Human Rights in Nepal’s Constitutional Design: Challenges for the Judiciary. In: Ehlers, Dirk; Glaser, Hennig; Prokati, Kittisak (Ed.): Constitutionalism and good governance: Western and Eastern perspectives, vol. 1, pp. 193-203, Nomos, Baden Baden, 2014. |
| : Nepal’s Constitution Writing Process: Rebuilding the Ship while at Sea. In: International Journal of Minority and Group Rights, vol. 18, no. 3, pp. 287-291, 2011. |
| : Federalism, Ethnicity and Human Rights in Nepal – Or: Althusius meets Acharya. In: International Journal of Minority and Group Rights, vol. 18, pp. 335-342, 2011. |
| : Nepal’s Constitution – Special Issue. 2011. |