Essay On Constitutional Assembly Of Nepal

Here we discuss bodies that fit this following broad description: a body designed to represent the nation, assigned—at a minimum—the task of debating in detail a draft constitution of the country, and of approving that draft.

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In some countries it is assumed that the people’s constituent power can be exercised by parliament; in some the tradition is that a separate body is required, and usually such a body does not have the power to make ordinary laws; the parliament alone retains that role.Its makeup reflected the party composition of the parliament.In 2008–2010 the committee was also given specific roles by law (including decision-making roles about the content).And if, as in Kenya, the members of parliament are also members of the assembly, they may be tempted not to engage in that body because they will have the chance to decide on the constitution later, in the legislature.If one body operates as both legislature and constitutional assembly, how is the difference marked, if at all?Constitutional assemblies differ in size and composition and in how their members are chosen.They also vary in their roles, although they must at least discuss and adopt a constitution.We can compare the main characteristics of a constitutional assembly and a parliament: There is no single model of constitutional assembly, and it is not really possible to say that certain minimum requirements define such an assembly.Even names vary; many combinations of the words “constituent” or “constitutional” with such words as “assembly,” “convention,” “congress,” or even “conference” have been used to name (and describe) bodies whose primary responsibility is to change or make the constitution.In Kenya from 2000 to 2004 and again from 2008 to 2010 the legislature established a select committee that carried out these roles.The committee was important if amendments to the governing legislation had to be passed.


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