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Judicial Independence At The Crossroads: Grappling With Ideology And History In The New Nepali Constitution, David Pimentel

David Pimentel

Nepal is struggling to produce a new constitution, the blueprint for a new post-monarchic state, and major conflicts over the structure of the new judiciary have arisen. The rhetoric of the debate is deceiving, however. All sides argue for the same things, including judicial independence and accountability, but profound ideological differences vest those words with very different meanings for each party. Resolving these issues will require a mutual appreciation of the ideological differences and of the historical roots of the judiciary’s problems. The path forward begins with recognition that the answer does not necessarily lie in “international best practices” or …