Posted by: nepal_tara888 July 25, 2004
Joshi to follow Wagle ??
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de bene esse Ceterus Paribus or of all things being equal then for Ozland it is okay and not for Nepal with various scenario testing and planning per harms way. What does that mean? Well, no assumptions and in real terms in a common law country there is separation of power, What is that? Well, it is that judiciary, executive and parliaments are all separate and cannont intervene in the functions of others in USA or UK and so on and so forth. parliament makes the law and if its power is ultrivires or in excess then the Sumpreme Court can declare it unconstitutional and also ruled out the executive. However, parliament is the most powerful of the institutions under Westminster styled democracy. The chief legal officer is the Attorney-General and he is an elected member of the parliament. He is assited by Director of Public Prosecutions (to try only crime) and Solicitor-General in other matters such as civil jurisdiction. All fine. However, Nepalese Costitution is a bastard between common law and Hidu law and Napoleonic or Roman codes. It has no separation of powers. In that I mean Attorney-General looks after all civil and criminal jurisdictions. He chooses and pleases as he sees fit in all things Nepalese law (Ghus is rife). There you have it that Nepe law has no check and balances in terms of comparing and contrasting per this short analysis. I now rest my case mutandis mutandis.
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