PODS by PEI Semanta Dahal on the Political Question Doctrine, the Issue of Judicial Independence, and Necessary Reforms in Nepal's Judiciary
Ep#068 The judiciary often deals with cases that involve both political and legal aspects, and the political question doctrine helps maintain the separation of powers by determining which issues are for political bodies to address and which fall within the jurisdiction of the judiciary. In Nepal, however, there are no predefined norms or tick boxes within the language of the law for distinguishing political and legal questions. Instead, the judiciary exercises its discretion and relies on established legal practices, principles, and precedents to make these determinations, often blurring the lines between what constitutes a political or legal case.
In this episode, PEI colleague Saumitra Neupane sits down with Semanta Dahal to discuss political question doctrine in Nepal's judiciary. The two draw from Semanta's article, 'Political Questions, Your Honor,' published in the Kathmandu Post, to delve further into how the Nepali judiciary determines the application of the Political Questions doctrine, and navigates through the nuanced and complex process of adjudication.
Semanta Dahal is an accomplished legal professional with a BA and LLB with Honors from the National Law School of India University, Bangalore, and an LLM in International Law from the University of Nottingham. Currently, Semanta is an Advocate and Partner at Abhinawa Law Chambers in Kathmandu, where he provides legal expertise across various aspects of Nepalese laws, regulations, policies, and market practices. His advisory work encompasses areas such as hydro concession, infrastructure finance, electricity laws and regulations, land matters, cross-border investment, and potential power trade with India.
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