Abstract

In every country, there are certain objectives for having a new constitution. One of the most common objects why the people desire a new constitution is that the people wish to make a fresh start in the prevailing system of governance by breaking up with the past. The circumstances in which a breakup with the past and the desire for a fresh start may come about vary from country to country. The historical instances which show how and when the desire or need for a fresh start arose commonly include the achievement of independence from an empire or colony, a category to which the best examples to be drawn would be the constitutions of the USA, India, Austria, Hungary and Czechoslovakia, to name a few. A revolution in order to make the break with the past or circumstances lead the people to desire formation of a new form of government on new forms of principles of governance, as exemplified by the French constitution of 1789, the Russian constitution of 1917 among others. Defeat in war makes the constitution of the government crumble necessitating a fresh start, as discernible in the German Constitution of 1918.

Highlights

  • In every country, there are certain objectives for having a new constitution

  • The need for reorganizing the political situation of the contemporary political system of a state may be another reason for adopting a new constitution

  • In the purview of these circumstances, Nepal illustrates the situations in which the contemporary context have led the people to desire disassociation with the bygone times

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Summary

Adopting the New Constitution

There are certain objectives for having a new constitution. One of the most common objects why the people desire a new constitution is that the people wish to make a fresh start in the prevailing system of governance by breaking up with the past. A constitution does not attain legitimacy until it is treated with respect and tends to fast lose its legitimacy when abused or ignored It is because each constitution whether new or old receives ‘force of law’ from the people. In the purview of these circumstances, Nepal illustrates the situations in which the contemporary context have led the people to desire disassociation with the bygone times. They have become cognizant about the face of Nepalese political system and political situation. The new constitution is needed in the changed context of Nepal to move away from the past ridden with the insurgency and other factors in the last decades

Making of the Constitution
Basic Patterns of a Constitution
Concluding Words
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