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Constitutional Nationalism and Legal ExclusionEquality, Identity Politics, and Democracy in Nepal (1990-2007)$
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Mara Malagodi

Print publication date: 2012

Print ISBN-13: 9780198082910

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780198082910.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 December 2021

The Supreme Court of Nepal

The Supreme Court of Nepal

(p.212) 6 The Supreme Court of Nepal
Constitutional Nationalism and Legal Exclusion

Mara Malagodi

Oxford University Press

This chapter focuses on the Supreme Court of Nepal and examines its position and powers under the 1990 Constitution. It analyses the Court's shifting position and role through different phases of the 1990 constitutional experience in order to illustrate the impact of various political factors — including the state of emergency, King Gyanendra's authoritarian rule, and the various dissolutions of Parliament's Lower House — on its performance. The chapter also considers the Court's role in the progressive disruption of the constitutional process in Nepal after 1990. After discussing the powers of the Supreme Court under the 1990 Constitution, it examines the Court's role and position with respect to law and politics.

Keywords:   Nepal, Supreme Court, Constitution, state of emergency, King Gyanendra, authoritarian rule, parliament, Lower House, law, politics

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