New Publications from UNDP     |
Home »
»
A Referendum in Nepal?The Interim Constitution does say that there can be a referendum on any question for which a decision making mechanism is not provided for. The first decision of the Constituent Assembly is to be about the future of the monarchy - so there can be no referendum about that. Maybe the drafters of the Interim Constitution had in mind only the provision about the monarchy, thinking that any other question could go to a referendum But the Interim Constitution is also very clear about how each individual provision of the final Constitution is to be adopted: consensus to be aimed for, but ultimately by a two-thirds majority. Is this not a decision making mechanism for each aspect, leaving nothing to go to a referendum? Could there be a referendum on the whole question - "Do you accept this Constitution?" It would be very surprising for the drafters of the Interim Constitution to intend that this should be possible, but not to make it clear. And the phrase "any question" seems to imply something smaller than the single question about the whole constitution. We are left in uncertainty - a weakness of the drafting of the Interim Constitution. And if we conclude that there is nothing that can go to a referendum, we are concluding that a provision about the Interim Constitution is meaningless: which is also very unsatisfactory. If you are interested in the question of referendums, especially in the context of constitution making, generally, you can click here for a discussion. The whole issue may become relevant in Nepal when the Constituent Assembly comes to discuss how the new Constitution should be amended. |
||||||||||||||||
^ Home 
|
Copyright © 2008 | All Rights Reserved | Constitution Advisory Support Unit, UNDP |
