Constitution and State

Kashi Raj Dahal, Devraj Dahal and Chandradev Bhatta discuss various aspects of state and constitutional process

Adhunik Rajya Nirman ra Sambidhan ko Antar-Bishayabastu (Building Modern State & Constitutional Questions) Published Year: 2008 Published by: Friedrich-Ebert-Stiftung (FES) Author: Kashi Raj Dahal, Dev Raj Dahal, Chandra Dev Bhatta Price: Not mentioned, Pages: 88

By A CORRESPONDENT

Nepal is one of the unique countries of the world in the sense that it has already experimented five constitutions in its just five over decades long process of modernization. During this period, Nepal experimented two different political systems.

Following the elections for Constituent Assembly in 2008 April and abolition of monarchy, the country is now practicing federal republic. So, from unitary state to federal and monarchy to republic, this is what state of Nepal has experimented in its over five decade race of process of transformation.

As Nepal is again in the process of constitution making, three is a wave of publication of books regarding restructuring of state and constitution making process. The book published by Dahal duos and Bhatta too discusses three different aspects of contemporary debate.

Published in Nepali language, the book deals with three main areas. Prominent political scientist Dev Raj Dahal discussed on contemporary challenges and opportunities in framing modern Nepal. In his broad based article, Dahal explains the present state of Nepal, constitutionalism and political culture, social economics, social unification and foreign policy.

These are all important parts of modern state. In his long article, Dahal argues Nepal has many challenges before it at a time when there is growing disparities under the new liberal globalization. There are also growing tendency of violating the laws. The constitutionalism is yet to establish. There are challenges for good governance; social

transformation and continuation of political violations are some of the major challenges the country is facing now. As a country of multi-ethnic, multi-linguistic composition, Nepal's challenges are also to adjust its foreign policy with its two neighbors.

Dahal's article minutely discusses all important aspects of Nepal's state making process. According to him, only state can guarantee democracy, development and peace. If one revives its autonomy and capability, it can make balance with society. The role of army, police and civil service is also important to deliver the peace to its citizens.

Similarly, constitutional expert Kashiraj Dahal discusses the constitution and federalism. In his article, Dahal deals with the basic structures of the state and its role. Dahal argues that one of the basic roles of state is to guarantee the law and order as well as impart the social welfare. A state can survive only through the loyalties of its citizens and international recognition.

According to Dahal, constitution is one of the fundamental factors of modern state which guarantees the freedom to its citizens, rule of law, separation of power, human rights protection, free press, good governance and transparency.

In his thought provoking paper, Dahal also discusses the global prospects of the state. He draws the conclusion that the country needs a constitution which can deliver the aspiration of people in the modern context.

Chandra Dev Bhatta discusses the role of civil society in democracy. He analyzes the historical perspective of civil society in Nepal and its modern role. He highlights the role played by civil society in the process of bringing change in Nepal.

This book is interesting to read for those who want to have knowledge on basic concepts about the role of state and its formation.

Source: Spotlight (16 - 22 January 2009)