Kathmandu School Of Law (KSL)
in co-operation with Center for Legal Research and Resource Development (CeLRRd)

 

News

       

Nepal Bar Council Awarded KSL Students

Three students of Kathmandu School of Law were awarded by Nepal Bar Council for their academic excellence at the celebration of 13th Annual Day of Nepal Bar Council. Mr. Narayan Chaulagain was awarded for securing top most position in Bar Council's examination (a license seeking exam to authorize to enter legal practice) and university examination of LL.B. Mr. Kapil Aryal grabbed award for securing highest score in university examination in LL.M. Similarly, Ms. Jamuna Bhandari, LL.M student of KSL was awarded for scoring highest position among girls in Bar Council examination. Students securing top position in legal education from both Tribhuvan University and Purbanchal University were awarded during the program.

Chief Guest of the program Rt. Hon'ble Acting Chief Justice Kedar Prasad Giri and President of the Nepal Bar Council and Chairman of the programme Rt. Hon'ble Attorney General Yagyamurti Banjade, President of Nepal Bar Council Sambhu Thapa congratulated the students for their excellent performance and appreciated the students' diligence in the legal field. Other guests of the programme included Ex. Attorney General Mr. Sarbagya Ratna Tuladhar, distinguished lawyers, judges of Supreme Court, Appellate Court and District Court and high ranking officials from Attorney General’s Office. Prof. Madhav Prasad Acharya, Professor In-Charge; Associate Prof. Ms. Geeta Pathak Sangroula, Head of Department, LL.M program; and Associate Professor Kishor Silwal participated on behalf of Kathmandu School of Law.

 At the same occasion, book entitled ‘Victim Jurisprudence’ written by Dr. Shankar Kumar Shrestha, visiting faculty of KSL, was awarded as the best book in legal sector published in the year 2005.


From left: Mr. Narayan Chaulagain & Mr. Kapil Aryal with the Awards
 

Top

TOT on Teaching Methodology and Skill Development

A three-day TOT on Teaching Methodology and Skill Development for teaching faculty members and assistant teachers of KSL was organized from 30 July 06 at KSL Seminar Hall. The training aimed at capacity building of the teaching faculties and to discuss about the approach to be applied to penetrate the school's cultural values into the students.

The program discussed about the techniques of building teaching environment, skill development of teachers to make students internalize the institutional values, objective evaluation, interdisciplinary approach of teaching, and shaping socially responsive attitude in students.

The training started with identifying problems faced by newly practicing teachers such as lack of confidence, lack of effective communication, fear of gaining recognition from students. It discussed about the four major challenges that should be overcome by new practicing teachers viz. immature arrogance, frame of reference, formalistic approach (not applying interdisciplinarity), and gap of academic relationship between teacher and students.

In the later session, the training was focused on topics like sensitivity of cultural values, class differences, and gender; fundamental jurisprudence of justice, equality and non discrimination with reference to post modernism, deconstruction, equality v. status, democracy v. authoritarianism, and epistemology and metaphysics; communication and presentation skills; and development and evaluation of the lesson plan.

Associate Prof. Yubaraj Sangroula and Asst. Prof. Khagendra Prasai were the resource persons for the program.

         Top

Seminar on Prospects and Scope of Legal Education

One day open seminar and counseling on prospects and scope of legal education to the prospective students to be enrolled in LL.B was conducted on 10 August 06. The program was to uncover the parochial understanding of legal education that it is limited with groups of elites, has limited scopes, and the legal profession has very less to do with society and development as such.

Legal education in context of Nepal has still a long stride to make. The reasons behind the unwillingness of people to join legal education holds the traditional view of thinking law as a matter of concern of the government, and conventional teaching methodology. However, people are gradually becoming conscious about the situation of the country and the dire need of the democratic system to head the country. For the democratic system and to maintain peace and order in the society people bearing knowledge about democratic values, human rights culture and socially responsive legal profession are inevitable. Legal education facilitates to generate civilians who are accountable to their society and nation at large. Kathmandu School of Law is committed to generate such human resource in the country.

KSL encourages and applies the participatory and pragmatic teaching methodology. It has launched interdisciplinary forward-looking curriculum with wide subject areas that is competitive to other countries. In its teaching approach it always aims to safeguarding unique values of indigenous legal system by generating trained legal resources avidly within the country.  

Sensitizing these aspects of legal education speakers at the seminar program highlighted the course outline KSL is adopting and the scope of legal education. They underscored that legal education which has a history of almost fifty years in Nepal has suffered continuously with low quality caused by the lack of vision, inefficient, inadequate and inappropriate components of curricula and obsolete teaching methodologies. They shared that KSL has been established to replace the conventional teaching methods, exam oriented and degree focused education so as to produce viable, skillful, competent and socially responsive legal professionals. In this respect, KSL has adopted timely and efficient curricula for five years' LL.B. focusing on 'departure of traditional paradigm'.

Speakers were optimistic that once the KSL students graduate and leave the institutional environment, they take their places in their respective communities and make significant contributions to the welfare of those communities.

"We want our students to earn a good living, of course. But we hope they will, above all, live a good life. And that means participation in creating a better and safer tomorrow for all people", Assoc. Professor Yubaraj Sangroula remarked.

Top

 

Feature Article

 

 

 

 

Meaning, Implications and Scope of Constituent Assembly

In my opinion, State as a dynamic society of free persons reinvents its values of governance consistently and continuously. A society that fails to reinvent it is doomed to disappear. Values of governance in a progressive democratic society are preserved in its innate constitutionalism and expressed in its constitution. The constituent assembly is a process of reinventing values governance with consensus opinion of all members of the given society.  Constituent assembly is thus not a machine to make constitution lasting for all the time. It is a process and instrument both to help the society to popularly reinvent its fundamental values of governance. A free society is marked by democracy, and constitutionally the democratic society is marked by a set of freedoms of human persons inherent in their birth as human being. The constituent assembly has be en used by democratic societies to frame a Constitution by choice of citizens. Obviously, they are not only privileged but also exclusively authorized to determine the destiny of their society.
..................

Constituent assembly is thus driven by the objectives behind it. It would thus be difficult to make ‘a universal modality of constituent assembly’. Why one society wants to use it is determining factor for both the definition and scope of the constituent assembly. No society can use without clarity of thoughts and minds. To summarily spell out, the following objectives make it a extremely dynamic process;

a.             Popularization of the ownership of the form of the government- in a society where the process of constitution making through more informal mechanism has failed, the constituent assembly has often been proved a successful venture to sustain democratic form of government. This form of constituent assembly had been used by India and South Africa.

b.            Internalization of the sense of nationhood and national pride- newly independent countries have used constituent assembly to internalize the victory of independent movements and acquisition of freedoms. India has been the best example. Indian leaders used this instrument to educate the whole nation that the constitution was brought in shape after a long and sorrowful struggle for freedoms. In fact, the India society could have accepted the constitution even if it was solely made by Mathma Gandhi.

c.             Demarcation of rights and guarantee of existence- in some countries the constituent assembly has been successfully used to demarcate the rights and guarantee of existence of groups with their distinct identities. The South Africa is the example. In here, the Constituent assembly had been used to formalize the political understanding of recognizing the groups’ rights.

d.            Democratization of State- in some countries the constituent assembly has been resorted to eliminate the loopholes of authoritarian regression. Malawi is the example.

e.             Demonstration of strength- in some countries, the constituent assembly has been used to depose autocratic regimes by showing up the solidarity of constituents-population. France is the example. The Constituent assembly was convened to press the monarch to abdicate. In Russia, the Bolshevik used the same objective. However, they failed to win the majority.

f.              Utilization of chance to mass building- there is a instance where the constituent assembly had been used to build a support of the mass for revolution. In Russia, the Bolshevik used constituent assembly for building the mass support to proletariat capture of the State’s power.

By nature of outcome, some constituent assembly resemble to referendum, while others instrument of formalizing the democratic form of government. In any sense, the constituent assembly promotes a democratic practice of forming the government structure. But its objective might be stolen to deform the democracy and set up an autocratic regime. As a matter of fact, the constituent assembly is not an instrument totally free of endangering the democratic wills of people. Read More >>

Top


Kathmandu School of Law          / Telephone : 977-01-634455/6634663, 2042268
Dadhikot, Bhaktapur                   /   Fax           : 977-01-634801
Kathmandu, Nepal                     /   E-mail       : info@ksl.edu.np        Web   :  www.ksl.edu.np