KATHMANDU UNIVERSITY SCHOOL OF LAW, KUSL

BBM,LL.B Semester - II

Course Syllabus

Course Title CONSTITUTIONAL LAW II

Course Code LCNS 122
Credit Hours Three 3
The objective of Constitutional Law II is to study the concept and nature of federalism and
Course devolution of power, federal structure and functions and analysis of the federal system and
Objective modality of federalism. This will also help the students to understand the centre – province
relations. This course will also acquaint students with independent constitutional bodies
operating under the Constitution of Nepal. The course will examine federalism as a system
of governance, with particular attention to the United States and Nepal.
Learning Unit
Learning Unit 1. Introduction
One Net contact 1.1. Concept of Federalism: What is federalism? What is the issue? Advantages and
hours 8 hours. disadvantages of federalism, Distribution of Powers, Asymmetrical Federalism; the
Boundaries of Constituent Units; Institutions of government within constituent units; Fiscal
Federalism, Federalism and the constitution as a whole; possible alternatives to federalism;
decision making questions.

1.2 Nepal as a federal system: The Constitution of Nepal; its preamble; the arrangement
for the vertical separation of powers, restructuring of the state and federalization; and
identity, inclusion and participation in state structures.

1.3 Structure of State and Distribution of State Powers: Structure of the State under the
Constitution; Distribution of State Power; Residual Powers; Exercise of Financial Powers;
Distribution of Sources of Revenue.
Learning Unit 2. American and Indian Constitutional Model
Two 2.1 Salient features of the US Constitution; American Federalism and State Regulation;
Net contact hours Enumerated, Implied and Reserved Powers; Marshall’s Nationalism; Dual Federalism and
16 hours. Judicial Dualism; The Revival of Implied Limits on Federal Power; State Sovereignty and
Eleventh Amendment; Local Power over Commerce; Preemption; Federal-state Comity;
Comparative Perspective.

2.2 Marbury v. Madison, 5 U.S. 137 (1803); McCullock v. State of Maryland (1819);
New York v. United States (1992); Printz v. United States (1997); US Term Limits, Inc v.
Thornton (1995); Alden v. Maine (1999); Federal Maritime Commission v. South Carolina
State Port Authority (2002); Southern Pacific Company v. State of Arizona (19450); City of
Philadelphia v. New Jersey (1978); Granbolm v. Heald (2005)

Chisholm v. Georgia, 2 U.S. (Dall.) 419 (1793); Dred Scott V. Sandford, 60 U.S. (19 How.)
393 (1857); Ableman V. Booth, 62 U.S. (21 How.) 506 (1859); Texas v. White 74 (7 Wall)
700 (1869); The Slaughter-House Cases 83 U.S. (16 Wall.) 36 (1873); Collector v. Day, 78
U.S. (11 Wall) 113 (1871); National League of Cities v. Usery, 426 U.S. 833 (1976);
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985); Texas v.
White, 74 U.S. (7 Wall.) 700 (1869); Powell V. McCormack, 395 U.S. 486 (1969); Pacific
Gas and Electric V. Energy Resources 461 U.S. 190 (1983); Younger v. Harris 401 U.S.
37 (1971); Gade V. National Solid Wastes Management Association, 505 U. S. 88 (1992);
Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 (1824); Cooley V. Board of Wardens, 53 U.S. (12
How.) 299 (1851); Dean Milk Company V. City of Madison, 340 U.S. 349 (1951) (1951)
Chisholm V. Georgia, 2 U.S. (2 Dall.) 419 (1793); Seminnole Tribe of Florida V.
Florida,517 U.S. 44 (1996); Pennsylvania V. Union Gas Company, 491 U.S. 1 (1989)
Hans v. Lousinana, 34 U.S. 1 (1890); Florida Pre-paid Post-secondary Education Expense
Board v. College Savings Bank 527 U.S. 627 (1999); College Savings Bank V. Florida
Prepaid Post-secondary Education Expense Board 527 U.S. 666 (1999); Kimel V. Florida
Board of Regents, 528 U.S. 62 (2000); Boerne V. Flores,521 U.S. 507 (1997); Trustees of
the University of Alabama V. Garrett, 531 U.S. 356 (2001); Nevada Department of Human
Resources v. Hibbs, 538 U.S. 721 (2003).

S. R. Bommai V. Union of India, 3 SCC 1 (1994)

 2.3. Features of the Indian Model of Federalism and its comparison with the US Model

Learning Unit 3. Nepalese Constitutional Model: Distribution of Legislative Power

Three Source and Scope Legislative Power; Delegation of Legislative Power; Scope of the term
Net contact hours ‘Parliament’; Composition of Parliament; National Assembly; House of Representative;
6 hours. Selection/Election of Parliamentarians: Election and Electoral System.
Learning Unit 4. Nepalese Constitutional Model: Distribution of Executive Power
Four Source and Scope of Executive Power, Appointment of Prime Minister, Executive Power of
Net contact hours Prime Minister, Council of Ministers; Structure of Government and its Organizations;
6 hours. Cabinet Secretariat; Work Performance and Work Division Rules, the Pardon Power;
Foreign Affairs; Emergency Provision of Constitution.
Learning Unit 5. Nepalese Constitutional Model: Distribution of Judicial Power
Five The concept and framework of integrated judiciary under the Constitution; Composition
Net contact hours and Tier of the Court System; Responsibility of Chief Justice (Article 136); Jurisdiction of
6 hours Supreme Court, Constitution of Constitutional Bench and its Jurisdiction, High Courts,
District Courts, Specialized Courts, other courts and tribunals; Judicial Committees,
Appointment and Removal of Judges, Judicial review and Federalism, Judicial Council and
Judicial Service Commission.
Learning Unit 6. Interrelations between Federation, Province and Local Level
Six Legislative interrelations between Federation and Provinces; Relations between Federation,
Net contact hours Province and Local level: Relations between Provinces; Inter-Provincial Council;
6 hours. Coordination between Federation, Province and Local Level; Inter-Provincial trade;
National Natural Resources and Fiscal Commission; the role of other national commissions
in interrelations between Federation, Province and Local Level; and Political Parties and
federalism.

Total Contact 48 Hours (excluding assessment, assignment and final examinations

Hours
Basic Text Constitution of Nepal 2072 (2015)
Bipin Adhikari, Salient Features of the Constitution of Nepal, 2015 (Kathmandu: Nepal
Consulting Lawyers Inc, 2016)
Bipin Adhikari (ed), A Treatise on the Constitution of Nepal, 2015 (Kathmandu:
 Kathmandu University School of Law, 2020)
Donald P. Kommers, John E. Finn & Gary J. Jacobsohn, American Constitutional Law:
Essays, Cases and Comparative Notes, Third Edition (New York: Rowman and Littlefield
Publishers, 2010)
D. D. Basu, Comparative Federalism, 2nd Edition (Jain Book Agency. 2008)
P. K. Chauby, Fiscal Federalism in India, (Deep & Deep Publication, 2004).

Evaluation In-semester evaluation 50 %

Scheme End-semester evaluation 50 %
Total 100 %