An Application of Doctrine of Necessity: Previous Constituent Assembly of Nepal and Its Time Extension to Avoid Constitutional Uncertainty  

Oleh:

Jayshwal, Vijay Pd.

Jenis: Article from Journal - ilmiah nasional - terakreditasi DIKTI
Dalam koleksi: Mimbar Hukum vol. 27 no. 1 (Feb. 2015), page 117-127.
Topik: constituent assembly; constitutional uncertainty; constitution
Fulltext: 517-855_her.pdf (371.61KB)

Isi artikel

This paper aims to investigate issues in relation of constitutional doctrine which had potential debate among the jurists of Nepal for the issues of time extension. The paper will also argue some weaknesses in the constituent assembly and their role expected by the people of Nepal. This paper will discuss about the evolution of constitution in Nepal, its features, the principle of Constitutionalism embodied in Nepalese constitution. This paper will further argue about the legitimacy of Doctrine of Necessity and its application in Nepal. In last, this paper will show the possibility of constitutional uncertainty by newly elected constituent assembly.

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