Tribhuvan University
2066
Full Marks: 100
Constitutional Law (614) Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
Attempt any SIX questions:
1. Compare and contrast the American federalism with the Indian Federalism. Analyze the basic features of a federal constitution and suggest the appropriate model of federal constitution for adoption in Nepal.
2. “When the legislative and executive powers are united in the same person or in the same body of magistrates, there can be no liberty…… Again; there can be no liberty, if the power of judging is not separated from the legislature and the executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would then be the legislator. Where it joined to the executive, the judge might behave with violence and oppression. There would be end of everything, if the same ma, or the same body, - whether of the nobles or the people, where the exercise those three powers- that of enacting laws, that of executing public affairs, and that of trying crimes or individual causes.” In the light of the given statement critically examine the theory of separation of powers as laid down by Montesquieu and its subsequent advancement in the present day world.
3. Examine the concept and content of the rule of law. Making an assessment of the rule of law situation in Nepal, offer some suggestions, to the institutions responsible for the effective enforcement of the rule of law in Nepal.
4. The beauty of democracy lies in the constructive role played by the opposition. Now in Nepal, the constituent assembly requires no opposition to make a new constitution whereas the opposition is necessary international eh parliament. Critically evaluate the role of opposition in the constitution making process and the parliamentary affairs citing the relevant constitutional provisions prevailing in some foreign jurisdictions.
5. Critically discuss the basics of judicial independence. Give your considerations as to preserving the judicial independence in Nepal.
6. Discuss the powers and functions of the commission for investigation of abuse of authority (CIAA) and evaluate its role in succeeding corruption control in Nepal. Critically analyze its strength and weaknesses.
7. Write short notes on any THREE of the followings:
a. Preamble of the constitution
b. Ministerial responsibility
c. Parliamentary privileges
d. Constituent power vis-ả- vis legislative power
e. Presidential system in Nepal.
Tribhuvan University
2058
LL.M/I year/LAW Full Marks: 100
Constitutional Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
1. Discuss the changing dimensions of concept of rule of law. What do you think are the major hindrances in having rule of law in Nepal?
2. The prime Minister of Nepal is interested to declare a state of emergency in the area affected by Maoist movement to bring law and order I control. He is however not clear about the constitutional implications. He has therefore sent you the following questions for clarification. Kindly advise him on the following issues. Give reasons for your answer too.
a. Is the Maoist movement a sufficient ground for declaration of emergency under the present constitution?
b. Can this emergency by declared for affected districts alone?
c. Is the advise and consent of the Cabinet necessary for the king to declare emergency?
d. Can the king dismiss the elected government after the declaration of emergency and go for direct rule?
e. How long can this emergency be continued?
f. What kind f additional powers do the government comes to posses after the declaration of emergency?
g. Can the government arrest any person on suspicion of being Maoist activist and detain him without producing him before the court of law during the period of emergency?
3. “Parliament is the most important institution in our constitutional set-up to make the executive accountable. It is expected to check and balance the executive and judiciary. It has however failed to live up to the expectation of the
Tribhuvan University
2067
LL.M/I year/LAW Full Marks: 100
Constitutional Law (614) Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
Attempt any SIX questions:
1. Differentiate between legal and political constitutionalism. Critically examine the functioning of constitutionalism in Nepal. Make an assessment of the problems and prospects of effective adoption of constitutionalism in Nepal.
2. Define separation of power and explain the practicality of this theory in the changing paradigms of Nepal with relevant cases and their applications.
3. Discuss the basis of the formation of cabinet government in the parliamentary system of government. Evaluate the theory and practice of collective responsibility of the cabinet to the parliament. Do you think the cabinet system is working according to the established principles in Nepal? Illustrate your answer with appropriate instances.
4. Discuss the various processes of constitution making so far adopted in Nepal in the past and the present. Why do you think the present constitution making process is delayed? Do you see any constitutional rationale for the procrastination of constitution making? Suggest some measures for the making of constitution a success in Nepal.
5. Critically examine the concept and practice of judicial activism as prevalent in many countries of the world. How far Nepalese judiciary has been able to use this tool to dispense justice to the common people and activate the government in welfare activities? Discuss the court approach highlighting on the various aspects of judicial activism in Nepal.
6. Discuss the powers and functions of the human rights commission of Nepal. Make an assessment of the role played by the human rights commission of Nepal to correct the human rights abuses.
7. Write short notes on any THREE of the followings:
a. Public Interest Litigation
b. Parliamentary hearing
c. Role of the political parties
d. The rule of law
e. Role of the speaker.
