Legislative Principles and Law Making Process Content
Conceptual Framework in Democratic Governance
Democratic “governance”; political organization comprising the individuals and institution (i) authorized to formulate public policies and (ii) conduct affairs of state.
Government is empowered to establish and regulate the inter-relationships of the people.
The peculiar and essential qualities of the government are:
- First, it is representative.
- Second, recognizes the liberty of individual citizens.
- Third, separation of power accompanying with the check and balance mechanism.
- Fourth, implementation (enforcement) of law.
Executive, Legislative and Judiciary are the most essential ingredients of government. They do have own governance system. Whereas, legislative: formulate the laws according to the requirement of society, assimilating current phenomena into law.
Executive: enforcement of law generally. But usually executive branch is fully devoted to administer the country’s law. Executive head or executive power may differ from country to country.
In regard to, judiciary: which check on rationality, objectives of law with interpretation? Protect the constitutional norms and values (Judicial review or judicial activism help to protect liberty and establish remedy).
Nepalese governing system has been adopting up to down approach in authority and delegation of power. Bottom to up approach in responsibility and accountability. Our governance should not be like “army fighting in war without arm and weapon”. Law should be used as a weapon to good governance.
Indeed, Nepalese do expect of good governance; (comparatively good than the present)
Many challenges have been appearing a hurdle to govern the state. Like as follows:
- Problem of peace and security
- Address issues of excluded groups:
- Political instability
Despite of these challenges, gain occurred in governance by considerer-able progress with
Tax policy (b) administrative reform (c) combat corruption (d) independence of judiciary (e) advancement and development of communication system