Earlier on this blog, we covered Menaka Guruswamy’s EPW article on the drafting of the Nepalese Constitution. In today’s Hindu, Guruswamy’s superb op-ed provides further insights into the constitution-making process in Nepal. The piece illuminates how law and politics interact in such processes, and indicates that much of the process is fundamentally about power-sharing and institutional design. The discussion on separation of powers is particularly interesting. Contemporary constitution-making processes have resolved the separation of powers dilemma in unexpected and innovative ways (See: Bruce Ackerman, New Separation of Powers, 113 Harvard Law Review 633 (2000); Cindy Skach, Newest Separation of Powers, 5 International Journal of Constitutional Law 93 (2007)). We will have to wait to know how Nepal contributes to that story.
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