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Federal Dispute Settlement in Nepal, India and USA
by Rudra Sharma
4.3
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Creators
AuthorRudra Sharma
PublisherAdroit Publisher
SynopsisNepal became 'Federal Democratic Republic' after the Constitution of Nepal was promulgated in 2015. However, the dispute still exists whether Nepal should have become a federal country. What model of federalism is suitable for Nepal? There appear variations in modalities of federalism when it is applied in practice. What may be the variations of those modalities of federalism ? What is the ambit of the variations? It is, of course, the Constitution. Who will determine the ambit of those variations of the modalities ? The Supreme Court does it. What may be the free flow of trade and commerce in federal Nepal ? How such issues were developed and settled in India and USA? India's practice of federalism in parliamentary democracy puts direct instances to Nepal as the next door neighbor. The origin and practice of federalism in USA in the Presidential form of government presents another kinds of dimension of federalism to be observed by Nepal. The judiciary of federal Nepal is still unitary. How the federal disputes can be settled by the judiciary of Nepal? Will the territorial and non-territorial federal disputes be adequately addressed within the jurisdiction of the present court system? How the alternative dispute resolution mechanisms can solve some of the federal disputes? The disputes can be at several layers and levels, including at the diplomatic, political, institutional and individual levels. How the judiciary will handle the disputes of these all levels ? This books delves on the above mentioned matters and explains how they have made their way to n present federal structure of Nepal and how they can be compared to the practices in India and the United Sates of America.
