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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. -
Reacting to Donald Trump's Challenge
centro studi per i popoli extra-europei “cesare bonacossa” - università di pavia The Journal of the Italian think tank on Asia founded by Giorgio Borsa in 1989 Vol. XXIX / 2018 Reacting to Donald Trump’s Challenge Edited by Michelguglielmo Torri Nicola Mocci viella centro studi per i popoli extra-europei “cesare bonacossa” - università di pavia ASIA MAIOR The Journal of the Italian think tank on Asia founded by Giorgio Borsa in 1989 Vol. XXIX / 2018 Reacting to Donald Trump’s Challenge Edited by Michelguglielmo Torri and Nicola Mocci viella Asia Maior. The Journal of the Italian Think Tank on Asia founded by Giorgio Borsa in 1989. Copyright © 2019 - Viella s.r.l. & Associazione Asia Maior ISBN 978-88-3313-241-9 (Paper) ISBN 978-88-3313-242-6 (Online) ISSN 2385-2526 (Paper) ISSN 2612-6680 (Online) Annual journal - Vol. XXIX, 2018 This journal is published jointly by the think tank Asia Maior (Associazione Asia Maior) & CSPE - Centro Studi per i Popoli extra-europei «Cesare Bonacossa», University of Pavia Asia Maior. The Journal of the Italian Think Tank on Asia founded by Giorgio Borsa in 1989 is an open-access journal, whose issues and single articles can be freely downloaded from the think tank webpage: www.asiamaior.org. Paper version Italy € 50.00 Abroad € 65.00 Subscription [email protected] www.viella.it Editorial board Editor-in-chief (direttore responsabile): Michelguglielmo Torri, University of Turin. Co-editor: Nicola Mocci, University of Sassari. associate editors: Axel Berkofsky, University of Pavia; Diego Maiorano, National University of Singapore, ISAS - Institute of South Asian Studies; Nicola Mocci, University of Sassari; Giulio Pugliese, King’s College London; Michelguglielmo Torri, University of Turin; Elena Valdameri, Swiss Federal Institute of Technology - ETh Zurich; Pierluigi Valsecchi, University of Pavia. -
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No. 43 Working Papers Working Negotiating Between Unequal Neighbours: India‘s Role in Nepal‘s Recent Constitution-Making Process Prakash Bhattarai December 2018 1 Negotiating Between Unequal Neighbours: India’s Role in Nepal’s Recent Constitution-Making Process1 Prakash Bhattarai ABSTRACT Nepal’s post-conflict constitution-making process has seen the involvement of many international actors. While studies on democracy promotion, to this day, mainly focus on Western “donors” and international organizations, this paper looks at the role played by India in the complicated process of moving from a peace agreement to the establishment of an inclusive, democratic constitution in Nepal. More specifically, it is analysed how a powerful neighbouring democracy (India) participated in what is essentially a domestic negotiation process (constitution-making) with a view to influencing the emerging demo- cratic regime. In terms of the issues on the negotiation table, the analysis shows that India, in pushing for an inclusive constitution, pursued the specific agenda of supporting the inclusion of the Madheshis, an ethnic group mostly living in Nepal’s Terai region. In terms of negotiation strategies, the paper identifies four different ways in which India tried to influence the constitution: high-level dialogue; economic blockade; international coalition building; and targeted support of domestic oppositional forces in Nepal. Com- prehensive as this negotiation strategy was, it only met with partial success. Parameters that limited India’s influence included the domestic strength and legitimacy of the official Nepali position (elite alignment; popular support) as well as scepticism concerning In- dia’s role in Nepal, which was reinforced by India’s overly partisan agenda. -
Statement by Prime Minister and the Leader of Nepali Delegation Right Honorable Mr. K P Sharma Oli at the General Debate Of
Statement by Prime Minister and the Leader of Nepali Delegation Right Honorable Mr. K P Sharma Oli at the General Debate of the 75th Session of United Nations General Assembly New York, 25 September 2020 Theme: -The future we want, the United Nations we need: reaffirming our collective commitment to multilateralism - confronting COVID-19 through effective multilateral action Mr. President Excellencies the Heads of State and Government, Mr. Secretary General, Distinguished delegates: I extend warm greetings to you all from Nepal, the land of Gautam Buddha and Sagarmatha, also known as the Mount Everest. I join with other leaders in expressing our profound grief and agony on the loss of lives around the world due to COVID-19, including in my own country. I congratulate you, Mr. President, and other members of the Bureau on your election and assure you of Nepal’s full support. 1 The outgoing President deserves our appreciation for successfully steering the 74th Session of the Assembly. We commend the Secretary General, Mr. Antonio Guterres, for his tireless efforts to enable the UN deliver at this difficult time. Mr. President, We are passing through an extraordinary time. The COVID-19 pandemic is confronting us as a crisis of epic proportion. Be it the magnitude of public health crisis, impact on livelihoods and societies or global economic recession, the fallouts of the pandemic have been colossal. We support the efforts of the United Nations, World Health Organization and the World Bank Group in leading the global response to the pandemic. In particular, we commend the UN Secretary General for launching the Comprehensive Response to COVID-19. -
Kulekhani I Hydropower Station
MESSAGE FROM THE MANAGING DIRECTOR I would like to express my sincere greetings to the Generation Directorate on the publication of its 12th edition of NEA “Generation Directorate Magazine” on the occasion of the 35th anniversary of Nepal Electricity Authority. I believe the precious data presented herein will be useful to the NEA stakeholders as well as the general public. The total installed capacity of the NEA owned power plants is 626.70 MW (20 hydro and 2 thermal) out of total 1332.86 MW in INPS. The annual generation from these power plants is 3011.43 GWh, which is 50.09% of the total energy generation in Nepal. Upper Trishuli 3A (60 MW) was inaugurated by Rt. Hon’ble Prime Minister KP Sharma Oli on 18 Nov, 2019. The long awaited cascade type Hydro power project, Kulekhani-III (14 MW) also started generation from 11 Oct, 2019. The taking over of this plant is still on hold due to the Covid-19 pandemic as well as a few other liabilities that need to be accomplished by the Contractor. Major rehabilitation or overhauling works were carried out in Kaligandaki A (including SCADA/ Control system upgradation), Middle Marsyangdi, Marsyangdi, Kulekhani- I & II, Sunkoshi, Modi, Trishuli, Devighat and Puwakhola HPS, even during the lockdown imposed by the government and the continued pandemic. This has ultimately resulted in minimizing generation outage due to breakdowns. These regular and timely maintenance has made Generation Directorate capable of supplying reliable and continuous energy to national grid. Finally, I’m thankful to all the employees working in the power plants, their plant managers and the entire team in Generation Directorate for putting in all the hard work to achieve the desired result. -
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. -
A Case Study of Jana Andolan II in Nepal
Occasional Paper: Peace Building Series No.1 FutureGenerations Applied Community Graduate School Change and Conservation PeoPle’s ParticiPation in conflict transformation: a case study of Jana andolan II in nePal Bandita Sijapati Social Science Baha February 2009 Occasional Papers of the Future Generations Graduate School explore community-based approaches to social development, health, nature conservation, peace building, and governance. Faculty, alumni, and partner organizations present their field studies and applied research. www.future.edu People’s Participation in Conflict Transformation: A Case Study of Jana Andolan II in Nepal Rise from every village, rise from every settlement To change the face of this country, rise Those who have a pen in hand, bring your pen and rise Those who can play an instrument, bring your instrument and rise Those who have a tool in hand, bring your tool and rise Those who have nothing at all, bring your voice and rise.1 I. INTRODUCTION In April 2006, there was a country-wide people’s movement in Nepal, popularly known as the Jana Andolan II,2 against King Gyanendra’s direct rule3 following a 12-point understanding reached between the Seven Party Alliance4 and the Communist Party of Nepal (Maoist), which was leading a communist insurgency against the state. The 19-day-long Jana Andolan II5 (People’s Movement II) ended direct rule by Gyanendra, forced him to return power to the reinstated parliament, and created a conducive environment for the signing of the Comprehensive Peace Agreement (CPA) between the government and the rebel Maoists in November 2006. The success of Jana Andolan II in thus ending the decade-long conflict that had affected all parts of the country has thus been hailed by many as being exemplary of the ways in which engaged citizenry and communities at the local level can have an impact on the resolution and transformation of violent conflict at the national level. -
Nepal Pm Kp Sharma Oli Expelled from Ncp
NEPAL PM KP SHARMA OLI EXPELLED FROM NCP NEPAL PM KP SHARMA OLI EXPELLED FROM NCP EDITORIAL ARTICLES - https://www.successmantra.in/blog/post/article/editorial95 Nepal PM KP Sharma Oli has been expelled from the ruling Nepal Communist Party (NCP) over his decision to dissolve the Parliament. The Prime Minister was removed from the party by a Central Committee at a meeting of the party's splinter group held on January 24, 2021. The decision comes amid repeated threats by the rival faction leaders who had said that they would revoke Oli's membership over his decision to dissolve the Nepal Parliament. The rival faction spokesperson Narayankaji Shrestha said that the party leaders are planning further action against Oli after his ouster from the party. ABOUT THE RECENT ISSUE (PM OLI EXPELLED) The splinter group led by former Prime Ministers Pushpa Kamal Dahal and Madhav Kumar had earlier asked PM Oli for explanation for his unconstitutional decisions. The faction had event sent a letter to the Prime Minister's residence to seek clarification. However, PM Oli did not respond to the letter. The rival faction spokesperson said that they waited for long for a reply from the Prime Minister but he didn't reply to them. He added that the latest decision was taken by exercising the executive rights provided by the Central Committee of the party. Decisions by both factions didn’t come in line with party’s statute, so can’t update Nepal Communist Party's details. We've notified KP Oli & Pushpa Kamal Dahal, making it clear that Commission will maintain party's existing details ONGOING POLITICAL CRISIS IN NEPAL Recently, Nepal has drifted into a political crisis following its Prime Minister (PM) KP Sharma Oli’s decision to dissolve Parliament. -
Statement by Hon'ble Commerce Minister of Bangladesh As The
H. E. Tipu Munshi, MP Hon’ble Commerce Minister Government of the People’s Republic of Bangladesh Guest of Honour and Keynote Speaker at the Inaugural Ceremony of the 55th Annual General Meeting (AGM) of the Federation of Nepalese Chambers of Commerce & Industry (FNCCI) and Industry Commerce Day 10 April 2021 Statement by Hon’ble Commerce Minister of Bangladesh as the Guest of Honour and Keynote Speaker at the Inaugural Ceremony of the Federation of Nepalese Chambers of Commerce & Industry (FNCCI)’s 55th Annual General Meeting (AGM) and Industry Commerce Day, 10 April 2021 (Virtual) Excellency Mr. K. P. Sharma Oli, Right Honourable Prime Minister of Nepal and the Chief Guest of the Inaugural Ceremony, Distinguished Ministers, Mr. Shekhar Golchha, President, FNCCI, Distinguished guests, Ladies and Gentlemen, Let me first thank the Federation of Nepalese Chambers of Commerce and Industry (FNCCI) for inviting me at the Inaugural Ceremony of the 55th AGM of FNCCI which is also celebrated as the Industry Commerce Day. I feel honored to be invited as the key note speaker in a program where the Right Hon’ble Prime Minister of Nepal is present as the Chief Guest. I had been eagerly waiting for this event, but I had to cancel the visit because of the recent surge of the pandemic in Bangladesh. Nepal, the daughter of the Himalayas, has got the highest peak on earth and the range of sky-touching mountains have made this country amazingly beautiful. The natural and cultural beauty of Nepal has created a special place in my heart. But unfortunately, I missed out to enjoy the beauty this time. -
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. -
Rashtriya Prajatantra Party – Recruitment of Children
Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: NPL31734 Country: Nepal Date: 14 May 2007 Keywords: Nepal – Chitwan – Maoist insurgency – Peace process – Rashtriya Prajatantra Party – Recruitment of children This response was prepared by the Country Research Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Questions 1. Was Bharatput Chitwan an area affected by the Maoist insurgency, particularly in 2003 and 2004? 2. Has the security situation improved since the peace agreement signed between the government and the Maoists in November 2006 and former Maoist rebels were included in the parliament? 3. Please provide some background information about the Rashtriya Prajatantra Party - its policies, platform, structure, activities, key figures - particularly in the Bharatpur/Chitwan district. 4. Please provide information on the recruitment of children. RESPONSE 1. Was Bharatput Chitwan an area affected by the Maoist insurgency, particularly in 2003 and 2004? The available sources indicate that the municipality of Bharatpur and the surrounding district of Chitwan have been affected by the Maoist insurgency. There have reports of violent incidents in Bharatpur itself, which is the main centre of Chitwan district, but it has reportedly not been as affected as some of the outlying villages of Chitwan. A map of Nepal is attached for the Member’s information which has Bharatpur marked (‘Bharatpur, Nepal’ 1999, Microsoft Encarta – Attachment 1). A 2005 Research Response examined the presence of Maoist insurgents in Chitwan, but does not mention Maoists in Bharatpur.