Jurisprudence of Law and State; An Experience of Nepal
16 Pages Posted: 3 Jan 2019 Last revised: 26 Mar 2020
Date Written: December 12, 2018
If we apply law and state as a methodology, there is no difference between law and state because state is the juridical person which performs its functions based on enacted legislation and rules of procedures. In fact, state is no more than the group of person organized for the management of public services of different discipline. The primary function of state is establishing peace, order, justice and equality in the society whereas taxation and legislation enactments are secondary functions. In the political science, there are multiple theories as divine theory, matriarchal theory, patriarchal theory, force theory, social contract theory, and Marxist theory to deal with the origin of the state. Whatever the reason is there behind the evolution of the state, it is the greatest achievement of the mankind for the collective work and peace of the people. The unitary and federal structures of the country, degree of self determination, extent of participation and inclusion, secularism and right to religion including all the social activities are controlled and regulated by the machineries of the state with the assistances of enacted and potential laws and custom. So, laws and state cannot be separated because in the absence of one, another cannot be existed. Public laws are directly attached to state function whereas civil laws are indirectly attached to the state for effective dispute resolution. State authority gets power not to misuse it rather power is vested in authority to support for the sake of the mankind. Misuse of power is the greatest sin in the theme of the religion and is a heinous crime in the theme of existing laws of the country. Nepal is following three tier federal governance system which are central, state and local governance system. Under central level, there are bicameral parliament and central government whereas in state level unicameral parliament and state government are existed. Local governance system includes unicameral parliamentary system and local government. Judiciary follows decentralized cooperative model i.e. Supreme Court in central level, high court in each state and district courts in 77 different districts of the country.
Keywords: law, state, sovereignty, self determination, participation and inclusion, secularism and right to religion
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