Fundamental Rights and Judicial Review in Nepal : Evolution and Experiments

Contents: 1. Evolution of the concept of fundamental rights. 2. Historical background of development of fundamental rights in Nepal. 3. Place of fundamental rights in the present constitution and role of the judiciary. 4. Relationship between fundamental rights and directive. 5. Conclusion. Appendices. Bibliography.

From the Preface: "The present book is a comprehensive study of the nature and evolution of fundamental rights and the role of the Nepalese judiciary in their protection and promotion. Fundamental rights are a distinguishing feature of modern democratic values. They are also the keystone of the arch of the constitution. The evolution of fundamental rights has taken a long arduous course in the process of constitutional development of Nepal to reach the present state it has acquired in the Constitution of the Kingdom of Nepal, 1990. The constitutional guarantees provided in the past as well as at present for enforcement of fundamental rights and the role of the judiciary in safeguarding them need an analytical and systematic study in order to have a clear and precise picture of the present state of fundamental rights and the extent and efficacy of the Nepalese judiciary in protecting them. The present book is an exhaustive study which attempts to analyse the historical genesis and evolution of fundamental rights in Nepal and also to assess the role of the apex Judiciary in safeguarding them. Thus the problem of the evolution and safeguarding of fundamental rights which has been analytically studied in the ensuing pages has got not only political but also constituently as well as judicial relevance."