Essay On Constitutional Assembly Of Nepal

Here we discuss bodies that fit this following broad description: a body designed to represent the nation, assigned—at a minimum—the task of debating in detail a draft constitution of the country, and of approving that draft.It may or may not also have the task of preparing the firstdraft, or have the final responsibility for passing it into law.

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In some languages there is no distinction between “constituent” and “constitutional.” But in languages that do have both terms, “constituent assembly” has a particular appeal because it implies that it is the people’s representatives who make and adopt the constitution.

In Germany this phrase was rejected and “parliamentary council” was used—one of several measures designed to make it clear that it was not the final constitution for a united Germany that was being prepared.

The role of the legislature may be limited to forming the assembly and other organs of constitutional review.

But the legislature may insist on having the last word (or a later word).

We use the phrase “constitutional assembly” here because it is wider than the phrase “constituent assembly.” We include “regular” legislatures that are responsible for a new constitution or constitutional revision.

If a comment applies specifically to legislatures, we make that clear.Constitutional assemblies differ in size and composition and in how their members are chosen.They also vary in their roles, although they must at least discuss and adopt a constitution.And if, as in Kenya, the members of parliament are also members of the assembly, they may be tempted not to engage in that body because they will have the chance to decide on the constitution later, in the legislature.If one body operates as both legislature and constitutional assembly, how is the difference marked, if at all?In Nepal [ongoing process] the interim constitution provided for a committee of the constituent assembly to carry out the legislative work.The motive was to prevent the work of the constituent assembly being held up because the parliament needed to meet. It seems there was an unwillingness to leave the parliamentary work to a committee.Comments that relate to “constitutional assemblies” apply to any representative body charged with making or revising a constitution.The significance of the common phrase “constituent assembly” is that it refers to a body representing the people that is vested solely (or mainly) with “constituent power.” A Nigerian constitutional authority, B. Nwabueze, wrote “[Constituent power] is a power to constitute a frame of Government for a Community, and a Constitution is the means by which this is done.The rules of procedure might be slightly different—but it would be hard to make them significantly different for similar types of activity.There is a good reason for having more demanding quorum rules for the constitution-making body.