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German expert advises forming Constitutional Court

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KATHMANDU, Aug 4: At a time when the Supreme Court (SC) has stood against formation of Constitutional Court (CC), a renowned German expert has said that an independent constitutional court is a must in countries that adopt federal model of governance.

Addressing a function organized by Friedrich Ebert Stiftung in Kathmandu on Tuesday, German Prof Matthias Hartwig said most countries that have adopted federal system of governance have the provision of Constitutional Court in their constitutions. "There must an independent court that exclusively deals with issues of constitution. This helps promote human rights," said Prof Matthias while sharing his experience.Prof Matthias, who is an expert on comparative public law and international law, said all European Union (EU) states that have turned democratic have established Constitutional Court. He maintained that the absence of independent body to look into constitutional disputes might create problems in the country that adopts federal structures with distribution of powers to federal and provincial government.

Although the Maoists and Madhes-based parties have demanded a permanent Constitutional Court, ruling Nepali Congress and CPN-UML have agreed to keep only for 10 years after promulgation of the new statute.



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