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MALAGODI, MARA
(2)
answer(s).
Srl
Item
1
ID:
109167
End of a national monarchy: Nepal's recent constitutional transition from Hindu Kingdom to secular federal republic
/ Malagodi, Mara
Malagodi, Mara
Journal Article
0 Rating(s) & 0 Review(s)
Publication
2011.
Summary/Abstract
The 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.
Key Words
Nepal
;
Constitutional Transition
;
National Monarchy
;
Hindu Kingdom
;
Secular Federal Republic
;
Nationalist Legitimacy
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2
ID:
085152
Forging the Nepali nation through law: a reflection on the use of western legal tools in a Himalayan kingdom
/ Malagodi, Mara
Malagodi, Mara
Journal Article
0 Rating(s) & 0 Review(s)
Publication
2008.
Summary/Abstract
The 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.
Key Words
Nepali Nation
;
Law - Nepal
;
Nepal - Law
;
Nepal - Constitutional Debate
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