Creating An Ideal Constitution Essay

1520 words - 6 pages

Nepali state is operating in a constitutional limbo. The original mandate of the constituent assembly has constitutionally ended in April 2010. The two extensions of the assembly’s term have been constitutionally dubious, so will be the third extension now being sought. And there are no signs that the next extension will take us any closer to the constitution.
Writing a democratic constitution has never been easy. Yas Ghai, a constitutional expert, says the purpose of building a constitution is not just writing the document. It also has to bring reconciliation among conflicting groups, strengthen national unity, empower the people and prepare them for participation in public affairs and the exercise and protection of their rights, elaborate national goals and values, broaden the agenda for change, promote knowledge and respect for principles of constitutionalism, and enhance the legitimacy of the settlement and the constitution. This is a quite complex political smorgasbord to handle in a short period. Only a few countries like the United States and Nepal in 1990 have been able to draft their constitution in less than three years.

Nepal embarked on an ambitious project of writing its constitution quickly and landed in a constitutional morass. It is a medium size country having political, economic and social challenges of a large country. There are more than 100 racial and ethnic groups and languages in the country. In the hill, two races – Aryan and Mongolian – and several ethnic groups with the Mongolian race coalesce with their own languages and cultures. In the terai, there are several ethnic groups mainly within the Aryan stock with their different tongues and ways of life. Wide chasm exists within and between the regions along majority and minority cultures, castes, and classes to boot. Each group aspires to have its own state in a federal republic of Nepal, made complex by the overlapping population groups. Some groups are even seeking separation from the country. To accommodate all these divergent strands of a complex web of relations and write a consensual constitution is an extremely difficult and time-consuming task.
But in the natural euphoria of victory, political leaders chose an unrealistic timeframe to write the constitution and made a provision in the interim constitution accordingly. Article 64 of the interim constitution stipulates that the assembly will have the tenure of two years from its first meeting unless it dissolves itself before that time. Those two years ended in April 2010. The proviso to the same article allowed the assembly to extend its term by 6 months if the constitution could not be written within two years due to the announcement of a state of emergency in the country.
Constitutional dubiety started as soon as the first two years ended without the constitution written. The assembly extended its term even though there was no state of emergency declared in the country. There was no reason to...

Find Another Essay On Creating an Ideal Constitution

The Success of the Articles of Confederation

609 words - 2 pages prevented a second American Revolution from occurring.The way of governing the United States surely held the thirteen colonies together. If the government had not given up power, the ideal of union and a nation of thirteen colonies might have fallen apart. The anemic Articles represented what the states regarded as an alarming surrender of their power. As the articles being the first constitution, it was a basic layout to keep the states peacefully

National Salvation V. Counter revolution Essay

708 words - 3 pages contradicts the fails of the Articles, and is evident that some authors had more self-beneficial and narrow mindsets. The Articles set out to construct a substantial government and to merge the colonies together to form the United States. They ultimately failed in this unification, as well as creating a strong central government. Jeffrey Rogers Hummel, an opponent of this ideal, says that “The Articles left Congress not too weak, … but too strong

The Creation of the United States Constitution

2758 words - 11 pages about the Constitution. It stated all its flaws and said that no one would have any rights. In order to counterattack this series of essays and tell the public about the good side of the Constitution, Federalists Alexander Hamilton, John Jay, and James Madison published the first of a series of essays called The Federalist Papers in 1787. They told of the weaknesses of the Articles of Confederation and the need for an energetic national

Is the constitution effective?

532 words - 2 pages been debated. But, the Constitutions effectiveness cannot be questioned.At the Philadelphia Conference, where the constitution was signed and put the final touches on, the men who created the document wanted to make sure that monarchy would never rule over anyone of the U.S. again. The founding fathers did this by creating a separation of powers, with 3 branches of government; Executive, Legislative, and Judicial. With powers separated between

Criticisms of the Constitution and their Legitimacy

1579 words - 7 pages Garrison’s argument may seem well founded, it wrongly interprets the intention of the founders and their words in the Constitution. Directly opposing Garrison was Frederick Douglass who, though he was born into slavery, became a credible author on the Constitution and the relationship of slavery to it. He contested Garrison by offering a different approach, one with considerably more merit. Douglass viewed the Constitution as an instrument of

Originalist

1051 words - 5 pages Fathers. If we don’t have an Originalist theory then everyone would be subject to their own elitist opinions and values. It focused on the idea of the framers; we have followed their steps in conserving this nation so why wouldn’t we take into consideration and ask ourselves what would our founding father say? We should see the constitution as if we were there in the presences of its creation. We want to keep the ideas of the framers going. “All

The US constitution: A radical departure from Articles of Confederation

635 words - 3 pages disputes between states. Congress was denied the power to levy taxes; the new federal government was financed by donations from the states based on the value of each state's lands. Any amendment to the articles required the unanimous approval of all 13 states. The constitution has an executive branch. When the Founding Fathers created our system of government, they created three branches, which were separate but worked together. The Legislative Branch

The Acomplishments Of The Framers In Creating The Constitut

634 words - 3 pages question: Analyze the accomplishments of the framers in correcting the precieved abuses under brittish rule and the weaknesses under the articles . Your answer should focus upon historical actions in creating the document.Note: this is a great ap essay for American history it is not a litterature masterpiece The framers of the Constitution constructed a document that has been copied by many nations in setting up their own government. The framers

How the Constitution Endangered Freedom

1095 words - 4 pages infringing on liberty’s. The founding fathers thought the constitution might endanger freedom due to; slavery in the constitution. Also, those who favored the constitution thought to protect freedom or improve on the Articles of Confederation by the creating and expanding on checks and balances and liberty (Foner, 2012). Slavery in the constitution First the founding fathers thought the constitution might endanger freedom due to slavery in

The Similarities Between Mason and Madison

961 words - 4 pages individual and state rights. His ideal government was one with a weak central government - the opposite of Madison’s. Mason preferred this, because when the central government is weak, the states assume most of the governmental power. Mason was an anti-federalist, and he was important in the process of the addition of the Bill of Rights, which secured individual rights and gave more authority to States. Madison, a federalist, eventually

The Constitution

974 words - 4 pages ratified and they are called the Bill of Rights. The Federalists had their strong central Government, and the Anti-Federalists had the Bill of Rights to protect the individual freedoms of the people that they feared a strong central Government would take away. Not only did the Constitution address the issue of a Central Government that the Articles of Confederation did not, but it also improved the Articles of Confederation by creating a

Similar Essays

How Far The Weimar Constitution Can Be Described As Creating An Effective Democracy

1379 words - 6 pages How Far the Weimar Constitution Can Be Described as Creating an Effective Democracy For the first time in the history of Germany, the state was a democratic republic. The constitution was something of a fragile experiment, a guinea pig. Theoretically speaking, the Weimar Constitution could be described as the most democratic constitution the world has ever laid eyes upon, in practice, things were not as clear

1998 Dbq Essay

821 words - 3 pages Constitutional powers".Madison, also being a Democratic-Republican, supported the same principles as Jefferson. Speaking for President Madison, Daniel Webster (document D) questioned Congress' right to a military draft on the sole argument that the power is not written in the Constitution, and stated that if Congress to did things that the Constitution did not explicitly give them the right to do, they would be creating a dictator. In his own

Steps To Democracy Essay

1007 words - 4 pages Model of Democracy. Because of the two different ethnic groups, this model is ideal. In the Consensus Model of Democracy, it allows for the sharing of the executive power, a balance of power between the executive and legislative branches, which correlates with bicameralism, a multiparty system, proportional representation, interest group corporatism, a decentralized, federal government, a rigid constitution, judicial review, and an independent

A Comparison Between The Universal Declaration Of Human Rights And The 1995 Uganda Constitution By Walubo Jude Tadeo, Makerere University, Kampala Uganda. 2005

4043 words - 16 pages of an international Human Rights Regime. It has projected its self into domestic law of states and its norms find expression in national constitutions of states including Uganda" 2It is in this spirit that chapter 4 of the 1995 constitution which contains the bill of rights entitled "protection and promotion of fundamental and other Human Rights and freedoms'is modelled on the foundation of the Universal Declaration of Human Rights. The preamble