Identifier
Created
Classification
Origin
09KATHMANDU918
2009-10-07 11:49:00
UNCLASSIFIED
Embassy Kathmandu
Cable title:  

MEDIA REACTION: U.S. CONSTITUTION & NEPAL

Tags:  KMDR KPAO PGOV OPRC NP 
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VZCZCXYZ0003
OO RUEHWEB

DE RUEHKT #0918 2801149
ZNR UUUUU ZZH
O 071149Z OCT 09
FM AMEMBASSY KATHMANDU
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0867
INFO RUEHNE/AMEMBASSY NEW DELHI 3270
RUEHLM/AMEMBASSY COLOMBO 7482
RUEHKA/AMEMBASSY DHAKA 2818
RUEHIL/AMEMBASSY ISLAMABAD 5523
UNCLAS KATHMANDU 000918 

SIPDIS

STATE FOR SCA/INS, PM/CBM, PM/PRO

STATE FOR SCA/PPD, PA/RRU

E.O. 12958 N/A
TAGS: KMDR, KPAO, PGOV, OPRC, NP
SUBJ: MEDIA REACTION: U.S. CONSTITUTION & NEPAL

UNCLAS KATHMANDU 000918

SIPDIS

STATE FOR SCA/INS, PM/CBM, PM/PRO

STATE FOR SCA/PPD, PA/RRU

E.O. 12958 N/A
TAGS: KMDR, KPAO, PGOV, OPRC, NP
SUBJ: MEDIA REACTION: U.S. CONSTITUTION & NEPAL

1. This cable reports on a relevant opinion piece
from Nepal's non-English press.

2. Centrist vernacular daily Kantipur (Nepal's
largest daily with circulation of 150,000),ran an
opinion piece "American Constitution and Nepali
Context". The piece, written by a legal reporter who
attended a U.S. Constitution Day program organized
by the U.S. Embassy Kathmandu, began with a quote
from an American lawyer who was the key speaker at
the program. The piece states that the principle of
separation of powers incorporated in the U.S.
Constitution provides the country with a strong
foundation. The author also commented on the recent
formation of a Supreme Court in Britain and the
Maoist proposal on the judiciary in Nepal vis--vis
the principle of separation of powers.
Translated excerpts:
3. "'The American Constitution has made its people
free and strong,' American lawyer Dave Sadoff said
at a program in Kathmandu on September 17. The main
basis of his claim was the principle of separation
of powers in the U.S. Constitution. This principle
has become a chief issue in Nepal's debate on
constitution writing. Although it is the shortest in
length, the U.S. Constitution is one of the less
disputed and the least amended."
4. "... Montesquieu's concept of Separation of
Powers was first adopted by the U.S. Constitution in
1787. European and Asian countries then successfully
followed. This principle clearly demarcates the
responsibilities and boundaries of state organs.
Non-interference in others' duties is its' chief
objective. "
5. "... The universal importance and influence of
the principle of separation of powers is growing but
Nepal is disregarding it. The Judicial Committee at
the Constituent Assembly has decided to propose
giving parliament all the powers in the new
constitution. It has decided to authorize the
parliament to make laws and also to explain them.
The decision by the Maoist party provides for
formation of a committee at the central parliament
that would be authorized to nominate judges. For
action against the judges, a special court formed by
the parliamentary committee would register cases and
would take action. Similarly, the new proposal
provides for appointing judges from outside the
judiciary. These issues are dangerous in view of
judicial independence. These developments in the
course of drafting a new constitution are in direct
opposition to the principle of separation of powers.
Nepal shouldn't take a course different than
Britain, which has been seasoned with parliamentary
experience."
MOON