Nepal's Constitutional Process
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The Constitutional Role of the Privy Council and the Prerogative 3
Foreword The Privy Council is shrouded in mystery. As Patrick O’Connor points out, even its statutory definition is circular: the Privy Council is defined by the Interpretation Act 1978 as the members of ‘Her Majesty’s Honourable Privy Council’. Many people may have heard of its judicial committee, but its other roles emerge from the constitutional fog only occasionally – at their most controversial, to dispossess the Chagos Islanders of their home, more routinely to grant a charter to a university. Tracing its origin back to the twelfth or thirteen century, its continued existence, if considered at all, is regarded as vaguely charming and largely formal. But, as the vehicle that dispossessed those living on or near Diego Garcia, the Privy Council can still display the power that once it had more widely as an instrument of feudal rule. Many of its Orders in Council bypass Parliament but have the same force as democratically passed legislation. They are passed, unlike such legislation, without any express statement of compatibility with the European Convention on Human Rights. What is more, Orders in Council are not even published simultaneously with their passage. Two important orders relating to the treatment of the Chagos Islanders were made public only five days after they were passed. Patrick, originally inspired by his discovery of the essay that the great nineteenth century jurist Albert Venn Dicey wrote for his All Souls Fellowship, provides a fascinating account of the history and continuing role of the Privy Council. He concludes by arguing that its role, and indeed continued existence, should be subject to fundamental review. -
Nepal's Peace Agreement: Making It Work
NEPAL’S PEACE AGREEMENT: MAKING IT WORK Asia Report N°126 – 15 December 2006 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION .......................................................................................................... 1 II. APRIL AFTERMATH................................................................................................... 2 A. FROM POPULAR PROTEST TO PARLIAMENTARY SUPREMACY ................................................2 B. A FUNCTIONAL GOVERNMENT?..............................................................................................3 C. CONTESTED COUNTRY ...........................................................................................................5 III. THE TALKS ................................................................................................................... 6 A. A ROCKY START...................................................................................................................6 1. Eight-point agreement.................................................................................................6 2. Engaging the UN ........................................................................................................7 3. Mutual suspicion.........................................................................................................8 B. THE STICKING POINTS............................................................................................................8 1. Arms -
Roles and Responsibilities of the Centres of Government
4. INSTITUTIONS Roles and responsibilities of the centres of government The centre of government (CoG), also known as the (26 countries). Australia and the Netherlands use a wide Cabinet Office, Office of the President, Privy Council, range of instruments, including performance management General Secretariat of the Government, among others, is and providing written guidance to ministries. Hungary and the structure that supports the Prime Minister and the Spain, on the other hand, use only regular cabinet meetings Council of Ministers (i.e. the regular meeting of government for this purpose. ministers). The CoG includes the body that serves the head The CoG is involved in strategic planning in all OECD countries, of government and the Council, as well as the office that except for Turkey – where the Ministry of Development is specifically serves the head of government (e.g. Prime mandated with this task. In six countries (Chile, Estonia, Minister’s Office). Iceland, Lithuania, Mexico and the United Kingdom) the The scope of the responsibilities assigned to such a responsibility is shared with the Ministry of Finance. structure varies largely among countries. In Greece, the CoG Transition planning and management falls under the sole is responsible for 11 functions, including communication responsibility of CoG in 21 countries and is shared with with the public, policy formulation and analysis. In Ireland other bodies in another 11. In five of these, each ministry is and Japan, only the preparation of cabinet meetings falls responsible for briefing the incoming government. Relations entirely under CoG responsibility. When considering both with Parliament fall within the scope of CoG responsibilities shared and exclusive tasks, the CoG has the broadest in all OECD countries. -
Neo-European Worlds
Garner: Europeans in Neo-European Worlds 35 EUROPEANS IN NEO-EUROPEAN WORLDS: THE AMERICAS IN WORLD HISTORY by Lydia Garner In studies of World history the experience of the first colonial powers in the Americas (Spain, Portugal, England, and france) and the processes of creating neo-European worlds in the new environ- ment is a topic that has received little attention. Matters related to race, religion, culture, language, and, since of the middle of the last century of economic progress, have divided the historiography of the Americas along the lines of Anglo-Saxon vs. Iberian civilizations to the point where the integration of the Americas into World history seems destined to follow the same lines. But in the broader perspec- tive of World history, the Americas of the early centuries can also be analyzed as the repository of Western Civilization as expressed by its constituent parts, the Anglo-Saxon and the Iberian. When transplanted to the environment of the Americas those parts had to undergo processes of adaptation to create a neo-European world, a process that extended into the post-colonial period. European institu- tions adapted to function in the context of local socio/economic and historical realities, and in the process they created apparently similar European institutions that in reality became different from those in the mother countries, and thus were neo-European. To explore their experience in the Americas is essential for the integration of the history of the Americas into World history for comparative studies with the European experience in other regions of the world and for the introduction of a new perspective on the history of the Americas. -
Siam's Political Future : Documents from the End of the Absolute Monarchy
SIAM'S POLITICAL FUTURE: DOCUMENTS FROM THE END OF THE ABSOLUTE MONARCHY THE CORNELL UNIVERSITY SOUTHEAST ASIA PROGRAM The Southeast Asia Program was organized at Cornell University in the Department of Far Eastern Studies in 1950. It is a teaching and research program of interdisciplinary studies in the hmnanities, social sciences, and some natural sciences. It deals with Southeast Asia as a region, and with the individual cowitries of the area: Brunei, Burma, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand, and Vietnam. The activities of the program are carried on _both at Cornell and in Southeast Asia. They include an Wldergraduate and graduate curriculum at Cornell which provides instruction by specialists in Southeast Asian cultural history and present-day affairs and offers intensive training in each of the major languages of the area. The Program sponsors group research projects on Thailand, on Indonesia, on the Philippines, and on the area's Chinese minorities. At the same time, individual staff and students of the Program have done field research in every Southeast Asian country. A list of publications relating to Southeast Asia which may be obtained on prepaid order directly from the Program is given at the end of this volume. Information on Program staff, fellowships, requirements for degrees, and current course offerings will be found in an Announcement of the Depaxatment of Asian Stu.dies, obtainable from the Director, Southeast Asia Program, 120 Uris Hall, Cornell University, Ithaca, New York 14850. 11 SIAM'S POLITICAL FUTURE: DOCUMENTS FROM THE END OF THE ABSOLUTE MONARCHY Compiled and edited with introductions by Benjamin A. -
Nepal's Faltering Peace Process
NEPAL’S FALTERING PEACE PROCESS Asia Report Nº163 – 19 February 2009 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS .................................................i I. INTRODUCTION .............................................................................................................1 II. CONSENSUS OR CONFLICT? ......................................................................................2 A. WHAT’S LEFT OF THE PEACE PROCESS?.......................................................................................2 B. THE MAOIST-LED GOVERNMENT: IN OFFICE BUT NOT IN POWER? ..............................................3 C. OLD NEPAL: ALIVE AND WELL....................................................................................................5 D. THE RISKS OF FAILURE................................................................................................................6 III. PEACE PARTNERS AT ODDS.......................................................................................8 A. THE MAOISTS: BRINGING ON THE REVOLUTION?.........................................................................8 B. UNCERTAIN COALITION PARTNERS..............................................................................................9 C. THE OPPOSITION: REINVIGORATED, BUT FOR WHAT? ................................................................11 1. The Nepali Congress................................................................................................................. 11 2. The smaller parties ................................................................................................................... -
8Th October 2019
ORDERS APPROVED AND BUSINESS TRANSACTED AT THE PRIVY COUNCIL HELD BY THE QUEEN AT BUCKINGHAM PALACE ON 8TH OCTOBER 2019 COUNSELLORS PRESENT The Rt Hon Jacob Rees-Mogg (Lord President) The Rt Hon Robert Buckland QC The Rt Hon Grant Shapps The Rt Hon Theresa Villiers Privy The Rt Hon James Berry MP, the Rt Hon James Cleverly TD MP, Counsellors Dr Thérèse Coffey MP, the Rt Hon Oliver Dowden CBE MP, the Rt Hon Joseph Johnson MP, the Rt Hon Kwasi Kwarteng MP and the Rt Hon Mark Spencer MP were sworn as Members of Her Majesty’s Most Honourable Privy Council. Seven Orders appointing Conor Burns MP, Michael Ellis QC MP, Zac Goldsmith MP, Sir Bernard McCloskey, Alec Shelbrooke MP, Christopher Skidmore MP and Valerie Vaz MP Members of Her Majesty’s Most Honourable Privy Council. Secretaries of The Right Honourable Dr Thérèse Coffey MP was sworn one of State Her Majesty’s Principal Secretaries of State (Work and Pensions). Proclamations Five Proclamations:— 1. determining the specifications and designs for a new series of five thousand pound, two thousand pound, one thousand pound, five hundred pound and two hundred pound gold coins; and a new series of five pound silver coins; 2. determining the specifications and designs for a new series of ten pound gold coins; and a new series of ten pound, fifty pence and twenty pence silver coins; 3. determining the specifications and design for a new series of fifty pence coins in gold, silver and cupro-nickel marking the United Kingdom’s exit from the European Union; 4. -
The Government of Japan
THE GO\'ERNA[l<:XT OF JAIV\X=== I'.N' HAROLD S. (JL'ICLICV Professor of Political Science, University of Minnesota /\ S THE nineteenth century passed into its last quarter there was ^^ agitation in Ja])an for a people's parliament. Scarcely ten years had elapsed since the last of the ^'okngawa shoguns, Keiki, had surrendered his office to the youthful Enij)eror, Meiji. and with it the actual headship of the government, which his family had monopolized for three and a half centuries, in order that adminis- trative authority might he centralized and the empire enabled w "maintain its rank and dignity among the nations." During that decade political societies had appeared, led by no lesser persons than Okuma Shigenobu of the Hizen clan and Itagaki Taisuke of Tosa. provoked by the apparent intention of the leaders of the greater western clans, Choshu and Satsuma, to constitute themselves sole heirs of the governmental power which the Tokugawa daimyo had monopolized since the sixteenth century. Okuma and Itagaki, to- gether with other disgnmtled lesser clansmen, purposed to call into political life a new force, public opinion, to assist them in a strug- gle for a division of the Tokugawa legacy. On a winter's day in 1889 the agitation of the "politicians," as the leaders of the popular movement came to be called, in distinc- tion froin their opponents, the Satsuma and Choshu oligarchs, bore fruit. Before a distinguished company in the palace at Tokvo the constitution was read on February 11. a day already consecrated as Kigensetsu, the legendary date of the founding, in 660 B.C., of the imperial Yamato dynasty, which continues to the present mo- ment. -
Learning from the Judicial Committee of the Privy Council
Georgia State University ScholarWorks @ Georgia State University Political Science Dissertations Department of Political Science 5-9-2016 Extraterritorial Courts and States: Learning from the Judicial Committee of the Privy Council Harold Young Georgia State University Follow this and additional works at: https://scholarworks.gsu.edu/political_science_diss Recommended Citation Young, Harold, "Extraterritorial Courts and States: Learning from the Judicial Committee of the Privy Council." Dissertation, Georgia State University, 2016. https://scholarworks.gsu.edu/political_science_diss/40 This Dissertation is brought to you for free and open access by the Department of Political Science at ScholarWorks @ Georgia State University. It has been accepted for inclusion in Political Science Dissertations by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. EXTRATERRITORIAL COURTS AND STATES: LEARNING FROM THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL by HAROLD AVNON YOUNG Under the Direction of Amy Steigerwalt, PhD ABSTRACT In 2015, South Africa withdrew from the International Criminal Court asserting United Nation’s Security Council bias in referring only African cases (Strydom October 15, 2015; Duggard 2013) and the United Kingdom reiterated a pledge to withdraw from the European Court of Human Rights, asserting that the court impinges on British sovereignty (Watt 2015). Both are examples of extraterritorial courts which are an important part of regional and global jurisprudence. To contribute to our understanding of the relationship between states and extraterritorial courts, I examine arguably the first and best example of an extraterritorial court, namely the Judicial Committee of the Privy Council (JCPC). Drawing on 50 British Commonwealth states, this dissertation explores the factors influencing the decision to accede to an extraterritorial court and why some states subsequently opt to sever ties. -
Observing the 2008 Nepal Constituent Assembly Election
Observing the 2008 Nepal Constituent Assembly Election April 2008 Waging Peace. Fighting Disease. Building Hope. The Carter Center strives to relieve suffering by advancing peace and health worldwide; it seeks to prevent and resolve conflicts, enhance freedom and democracy, and protect and promote human rights worldwide. Observing the 2008 Nepal Constituent Assembly Election April 2008 One Copenhill 453 Freedom Parkway Atlanta, GA 30307 (404) 420-5188 Fax (404) 420-5196 www.cartercenter.org May 2009 The Carter Center Contents Foreword, by Former U.S. President Jimmy Carter . 3 Carter Center Observation Delegation and Staff............................................ 5 Terms and Abbreviations............................................................. 8 Acknowledgments . 9 Executive Summary ................................................................ 11 Facts About Nepal’s Constituent Assembly Election . 15 Nepal’s Path to Peace and Democracy . 16 Timeline of Events................................................................. 21 Observation Methodology . 23 The Pre-election Period ............................................................. 27 Election Day and Postelection Period................................................... 41 The Constituent Assembly and New Governing Coalition . 54 Conclusion and Recommendations ..................................................... 55 Appendices A: The Electoral Framework and Method of Voting......................................... 63 B: Letters of Invitation . 66 C: Selected Press Releases -
Acting Regency: a Countermeasure Necessitated to Protect the Interest of the Hawaiian State
Establishing an Acting Regency: A Countermeasure Necessitated to Protect the Interest of the Hawaiian State David Keanu Sai, Ph.D. Establishing an Acting Regency: A Countermeasure Necessitated to Protect the Interest of the Hawaiian State November 28, 2009 Unable to deny the legal reality of the American occupation of the Hawaiian Kingdom, and in light of the absence of any legitimate government in the Hawaiian Islands since 1893, the author and Donald A. Lewis, both being Hawaiian subjects, took deliberate political steps that would create severe legal consequences not only upon the occupant State, but also themselves. On December 10th 1995, both established the first co-partnership firm under Hawaiian Kingdom law since 1893, and, in order to protect the legal interest of the Hawaiian State, they would establish an acting Regent on December 15th as an officer de facto. Established under the legal doctrine of necessity, the acting Regency would be formed under and by virtue of Article 33 of the Constitution and laws of the Hawaiian Kingdom as it stood prior to the landing of the U.S. troops on January 16th 1893. These include laws that existed prior to the revolution of July 6th 1887, which eventually caused the illegal landing of United States troops in 1893. At the core of these acts taken in December 1995 was the political existence of the Hawaiian Kingdom. Bateman states the “duty correlative of the right of political existence, is obviously that of political self-preservation; a duty the performance of which consists in constant efforts to preserve the principles of the political constitution.”1 Political self-preservation is adherence to the legal order of the State, whereas national self-preservation is where the principles of the constitution are no longer acknowledged, i.e. -
Attachment No. 2 DOMINION of the HAWAIIAN KINGDOM
UNITED NATIONS SECURITY COUNCIL COMPLAINT AGAINST THE UNITED STATES OF AMERICA BY THE ACTING GOVERNMENT OF THE HAWAIIAN KINGDOM CONCERNING THE AMERICAN OCCUPATION OF THE HAWAIIAN KINGDOM Attachment no. 2 DOMINION OF THE HAWAIIAN KINGDOM Dominion of the Hawaiian Kingdom prepared for the United Nations' Security Council as an Attachment to the Complaint filed by the Hawaiian Kingdom against the United States of America, 05 July 2001. David Keanu Sai Agent for the Hawaiian Kingdom CONTENTS ITHE HAWAIIAN KINGDOM 1 Establishing a Constitutional form of Government 2 The Illegal Constitution of 1887 3 Hawaiian Domain 4 A Brief Overview of Hawaiian Land Tenure II HAWAIIAN KINGDOM STATEHOOD 1 Commercial Treaties and Conventions concluded between the Hawaiian Kingdom and other World Powers a Austria-Hungary b Belgium c Bremen d Denmark e France f Germany g Great Britain h Hamburg i Italy j Japan k Netherlands l Portugal m Russia n Samoa o Spain p Swiss Confederation q Sweden and Norway r United States of America s Universal Postal Union 2 Hawaiian Kingdom Neutrality III AMERICAN INTERVENTION 1 American Occupation of the Hawaiian Kingdom of January 16, 1893 2 The Fake Revolution of January 17, 1893 3 U.S. Presidential Fact-Finding Investigation calls for Restoration of the Hawaiian Kingdom Government 4 The American Thesis 5 Illegality of the 1893 Revolution 6 Puppet Character of the Provisional Government 7 The Attitude of the International Community 8 Failed Revolutionists declare themselves the Republic of Hawaiçi 9 Second Annexation Attempt of 1897 10 Legal Evaluation IV SECOND AMERICAN OCCUPATION OF THE HAWAIIAN KINGDOM 1 United States Municipal Law Erroneously Purports to Annex Hawaiian Islands in 1898 2 U.S.