The Role of the Judiciary and the Supreme Court in the Constitution-Making Process: The Case of Nepal

Zhu, Guobin; Kouroutakis, Antonios E.

doi:10.2139/ssrn.3365406

Cited by 2 publications

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“…The constitution focuses on improving constitutional independence of the Supreme Court providing the final authority to interpret the constitution and laws. On this regard (Zhu, G., 2020) argued that lower courts also have the authority to interpret the constitution, but the Supreme Court has the final word, and it sets legal precedent which is binding on all courts and authorities. It is regarded as one of the most inclusive, democratic, and people's centered Constitution where the basic norms and values of the constitutionalism, rule of law, human rights and justice principle.…”

Section: Resultsmentioning

confidence: 99%

The Rule of Law Under the Constitution of Nepal

Giri

2023

Gyanjyoti

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This article deals with the constitutional provisions of rule of law, its implementation status and challenges to implement it. Rule of law is the value of democratic institution that focuses on the legal justification of every action by the government officials and adjudication of disputes through the independent and competent court. The Constitution has guaranteed the rule of law through its preamble, fundamental rights with constitutional remedy, directive principle and state policies and various other provisions that have added hope for the people of limited government. The Constitution focuses on both horizontal and vertical separation of state power. Horizontal power is divided into three organs of government; legislative, executive and judiciary and vertical power is divided into central, provincial and local level government with the federal character of the nation. The judiciary is empowered to test the constitutionality of legislative and administrative actions which is the essence of rule of law of democratic nations. The Constitution guarantees the functional and institutional independence of judiciary. Thus, the article argues that the Constitution of Nepal, 2015 wants to establish, promote and protect the rule of law in Nepal but its implementation depends on the commitment and actions of the state authority. The finding of the study is there is the need of more laws and institutional arrangements to establish rule of law and to implement Constitution. The analysis is significant to as it helps to understand the constitutional provision of rule of law, its implementation status and challenges to implement.

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Section: Resultsmentioning

confidence: 99%

The Rule of Law Under the Constitution of Nepal

Giri

2023

Gyanjyoti

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“…As the fundamental law of a country, the normative nature of the Constitution occupies a crucial position in the whole legal system. In order to ensure that the normative nature of the Constitution is effectively implemented and maintained, the establishment and improvement of the supervision and guarantee mechanism is indispensable [4][5][6].…”

Section: Introductionmentioning

confidence: 99%

Supervision and guarantee of constitutional normativity in a legal system aimed at legal regulation

2024

Applied Mathematics and Nonlinear Sciences

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This study focuses on the monitoring and safeguarding constitutional normativity in the legal system, explores its empirical Analysis in environmental protection law and patent law, and emphasizes the importance of the legal named entity identification model and legal instrument element extraction. The study adopts the implicit Markov-based legal named entity identification model and the Bleem model oriented to extracting legal instrument elements. In environmental protection law, we explored the correlation between the content and manner of law enforcement through a quantitative analysis model. We found that the correlation between pollution prevention and source prevention was 0.575, showing a strong correlation. We analyzed the R&D investment data of 23 provincial-level administrative division units in patent law from 2009 to 2023. We found that in-house R&D expenditures increased from 65% to 78.5%, proving the significant incentive effect of the patent law reforms on enterprise R&D investment. Adequate supervision and guarantee of constitutional normativity play an essential role in the improvement and practical implementation of the legal system, especially in the fields of environmental protection and intellectual property rights.

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The Role of the Judiciary and the Supreme Court in the Constitution-Making Process: The Case of Nepal

Cited by 2 publications

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The Rule of Law Under the Constitution of Nepal

The Rule of Law Under the Constitution of Nepal

Supervision and guarantee of constitutional normativity in a legal system aimed at legal regulation

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