This book systematically analyzes why constitutions do not survive in Nepal, despite sixty years of constitutional history. The author discusses the epistemology of ethnic federalism in Nepal and examines the challenges of nation building and post-nation constitutionalism. The work addresses the connection between ethnic identity, right to self-determination, constitution making and state restructuring, offering possible ways forward for Nepal. Chapters consider lessons to be drawn from the past and examine reasons for the abolition of monarchy in Nepal. The book highlights the major problems that the first elected Constituent Assembly (CA) faced in promulgating a new constitution, before it was dissolved in 2012. The concept of right to self-determination and its complexities at the domestic level are all explored, along with ways forward to address the problem of constitutionalism, ethnic federalism and democracy. The author offers solutions as to how the second CA could address problems to promulgate a new constitution. The book elaborates on the role that constitutionalism plays in constitution making and the survival of a constitution. Scholars of politics and international studies, policy makers and those with an interest in law and constitution in Asia will all find this work of interest.

Papers presented at a two day long seminar and a three-hour public lecture, held at Kathmandu during 3-5 August 2004.

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

The peace process and stalled constitution writing exercise, in particular the debate about federalism, have expanded Nepal's political matrix. Identity politics is a mainstream phenomenon and new ethnic-based and regional political forces are coalescing. Actors who want a federal structure that acknowledges Nepal's many identities have allied, overcoming other political differences. The Maoist party has split. Once centrist forces have moved to the right. All parties are grappling with factional and ideological divisions. Old monarchical forces are more visible. How these political shifts will settle depends on the parties' decisions on resuming constitution writing and future electoral calculations. The Constituent Assembly has been dissolved after failing to deliver the new constitution on the 27 May deadline. The constitution was to establish federalism and address the demands of marginalised groups. Social polarisation over these issues compounds constitutional uncertainty and the legislative vacuum. The tensions around federalism and fluid political equations threaten to provoke volatile confrontations. The shift towards potentially polarising ethnic politics is encouraged because mainstream political actors are scattered, often vague and sometimes dishonest, distracted by mutual sniping and prone to making undemocratic and unsympathetic deals. These mainstream politicians need to set their own houses in order, listen to others, know what they stand for and get on with the constitution. Otherwise they risk ceding political space to extremists of every hue who might appear more pragmatic and sympathetic to a frustrated polity.

Nations built on exclusion and assimilation, decades of civil war, widespread poverty, authoritarianism and the decline of democracy. Nepal, Myanmar and Sri Lanka are travelling a road to federalism. Institutions and ethnic identity have interacted to privilege some and marginalise others. But when the right conditions prevail, political equality can be restored. This book charts the origins and evolution of federalism and other approaches to the accommodation of minority ethnic groups in Nepal, Myanmar and Sri Lanka. It applies a historical institutionalism methodology to understand why federalism has been resisted, what causes it to be established and what design options are most likely to balance otherwise competing centripetal and centrifugal forces. Breen shows how Nepal, Myanmar and Sri Lanka are finding a middle ground whereby deliberative and moderating institutions are combined with accommodating ones to support a political equality among groups and individuals.

After witnessing years of violence, which resulted in the death of more then 13,000 people; the disappearance of between 1,000 to 5,000 people; and the displacement of about 100,000 others, the guns have finally fallen silent in the Himalayan State of Nepal. Foreign tourists have started flock back to Kathmandu and many of them are heading to the foothills of the Himalayas, the traditional Maoist strongholds. Thanks to the comprehensive peace agreement concluded in November 2006, which has been described as a "Nepali-owned" peace process by the UN Secretary-General in his recent report to the Security Council on Nepal, and the adoption of a power-sharing Interim Constitution in January 2007, Nepal seems to be back on the road to democracy. After agreeing to be part of mainstream politics under a democratic framework, the Maoists were inducted into the interim coalition government formed in April 2007 with other major political parties. Under the peace deal the Maoists have locked away their weapons under the watchful eyes of the UN and confined their fighters to UN monitored sites dubbed as "cantonments"