Sources of Law and Law Making Process in Nepal
Nepal's legal system is based on a combination of civil law, common law, and customary law. The Constitution is the supreme law of the land, and ...
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#Sources of Law in Nepal:
Constitution:
The Constitution is the supreme law of the land and the primary source of law in Nepal. It provides the framework for the functioning of the government, the protection of fundamental rights, and the establishment of legal institutions.
Acts of Parliament:
Acts of Parliament are laws that are passed by the legislature. They can either be general laws that apply to the entire country or specific laws that apply to a particular region or group.
Regulations:
Regulations are rules and orders made by the executive branch of the government. They are made to ensure that laws are effectively implemented and enforced.
Judicial Decisions:
Judicial decisions are interpretations of the law made by the courts. They are important in clarifying the meaning of laws and in establishing legal precedent.
Customary Law:
Customary law is the unwritten law that is based on customs, traditions, and practices of the people. It is recognized and enforced by the courts and is an important source of law in Nepal.
#Law Making Process in Nepal:
The law-making process in Nepal involves the following steps:
Proposal:
Any proposed law can originate from the executive branch, the legislature, or citizens. The proposal is submitted to the legislature, which decides whether or not to consider it.
First Reading:
The proposed law is introduced to the legislature for the first time. Members of the legislature debate the proposal and may propose amendments to it.
Committee Review:
The proposed law is sent to a committee for review. The committee may hold public hearings and gather input from experts and stakeholders.
Second Reading:
The proposed law is reintroduced to the legislature after committee review. Members of the legislature debate the proposal again and may propose additional amendments.
Third Reading:
The proposed law is voted on by the legislature. If it is approved, it is sent to the President for signature. If the President signs it, the law becomes official.
Implementation:
Once a law is enacted, it is the responsibility of the executive branch to implement it. This involves creating regulations, enforcing the law, and ensuring compliance.
In conclusion,
Nepal's legal system is based on a combination of civil law, common law, and customary law. The Constitution is the supreme law of the land, and the law-making process involves proposals from various sources, legislative debate and review, and presidential approval.
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