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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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Nepal between Continuity and Change

Nepal between Continuity and Change

(p.268) 8 Nepal between Continuity and Change
Constitutional Nationalism and Legal Exclusion

Mara Malagodi

Oxford University Press

Using a historical institutionalist approach, this book has investigated the institutionalization of Nepal in ethno-cultural terms in the 1990 Constitution as well as the impact of the constitutional Articles defining the nation, on patterns of legal exclusion. The 1990 Constitution sanctioned Nepal's return to democracy in the context of the country's high degree of socio-cultural diversity and retention of the Panchayat-era version of the Nepali nation informed by Hinduism, the Nepali language, and the Shah monarchy. An analysis of Nepal's 1990 Constitution-making experience revealed a strong continuity with the past in terms of the view of the state's nature and legitimizing ideology. The 1990 Constitution was an embattled document due to the rise of identity politics and the Maoist insurgency, along with the ensuing deterioration of Nepal's internal security. It was abrogated on 15 January 2007 when Nepal promulgated the Interim Constitution, the sixth in the nation's history.

Keywords:   Nepal, legal exclusion, Constitution, democracy, Hinduism, monarchy, identity politics, insurgency, socio-cultural diversity, institutionalization

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