Opinion | The caveats of amending a constitution
Summary
Nepal's constitution embodies foundational struggles and principles that must be preserved amid amendments, emphasizing that changes cannot undermine core national sovereignty and democratic values.
Key Points
- A constitution embodies a record of struggle and stabilizes hard-won principles that should not be undone by majority vote.
- Constitutional theory distinguishes between constituent power (original sovereign power) and constituted power (delegated power to amend).
- Nepal's Constitution, especially Article 274, protects sovereignty, territorial integrity, and popular sovereignty from amendments.
- Judiciary plays a key role in determining limits of constitutional amendments, but ultimate legitimacy rests with sovereign citizens' participation.
