A Glossary of Constitutional Terms: English / Nepali

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IntroductionThe Peculiarities of English Constitutional LanguageTranslators wrestling with the mysteries of English constitutionallanguage are unlikely to find their task much lightened by explanationson why some of the peculiarities exist, but explanations like thefollowing might at least help them better understand the rationalefor the use of such language.The Force of TraditionThere are a number of traditional approaches to drafting any legaldocuments, especially laws, which continue to affect the form oflaws. Some of the most pervasive influences are the avoidance ofpunctuation, the use of long sentences, the use of sexist language,the use of conservative and cautious language, the use of preciselanguage, the use of archaic language and the use of Latinateterms.IA Glossary of Constitutional Terms
Avoidance of PunctuationDrafters of legal texts often avoid relying on punctuation to get theirmessage across, and this practice sometimes extends to avoidingvirtually all punctuation except the full stop. One reason for this wasthat earlier, there were no specific rules of grammar, spelling andpunctuation. The other reason was that printers were unreliable, aswas their equipment in some cases. Even today, there are reasonsfor not relying too heavily on punctuation to convey meaning.First, even with rules about punctuation, modern standards ofpunctuation are not good and are, perhaps, getting worse, thanks toa general lack of rigour in thinking. Second, if someone has to gettheir meaning across without relying on punctuation they will haveto think, and think clearly, about what they want to say.We find this propensity for drafting without the aid of punctuationamong legal experts even today. For example, the Arizona LegislativeBill Drafting Manual, 2006 version 1 , says, 'A properly drafted billrequires little punctuation.' Nowadays, legal writers prefer, instead,the use of short sentences—not the long sentences withoutpunctuation, so often found in the past.The Use of Long SentencesIIAnother custom is to have only one sentence in a section, clause orsubsection. The custom of using long sentences was prevalent incountries that opted for 'common law' (the system which originatedin England and came to Nepal partly through India) but not incountries like France, which follow the 'civil law' tradition. Today,however, even in countries that follow the legislative tradition ofthe Common Law, this custom is breaking down.A Glossary of Constitutional Terms
Page 4: A Glossary ofConstitutional TermsLe
Page 10: AcknowledgementsThe International I
Page 15 and 16: The Use of Sexist LanguageAnother a
Page 17 and 18: Another is the word 'deemed': for e
Page 19 and 20: Drafters usually stick with the old
Page 21 and 22: Various courses in simple legal lan
Page 24 and 25: Constitutional Terms*Signifies that
Page 26 and 27: 10. accountable [to]adj.A slightly
Page 28 and 29: 24. advance vi. and vt. Make progre
Page 30 and 31: 42. alter vt. Make changes; modify
Page 32 and 33: 59. appointment n. An act of nomina
Page 34 and 35: 74. Attorney-General*n. phraseThe c
Page 36 and 37: 94. board n. A group of people cont
Page 38 and 39: 112. censure vt. and n. Reprimand b
Page 40 and 41: 130. Commander-in-Chief* n. phrase1
Page 42 and 43: 142. comply vt. Act in accordance w
Page 44 and 45: 158. consistent [with]adj.Conformin
Page 46 and 47: 173. constitutionality n. Acting in
Page 48 and 49: 190. costs n. When used in plural i
Page 50 and 51: 205. defamation* n. The act of defa
Page 52 and 53: 220. derogate [from] vt. To lessen
Page 54 and 55: 236. discretion n. The power or fre
Page 56 and 57: 255. emblem n. A special design or
Page 58 and 59: 276. equal protection ofthe laws* n
Page 60 and 61: 292. executive n. In C, likely refe
Page 62 and 63:
307. fiscal adj. Relating to public
Page 64 and 65:
{324. government, cooperativen.325.
Page 66 and 67:
338. impartial adj. Not favouring o
Page 68 and 69:
355. inhuman adj. Lacking normal hu
Page 70 and 71:
369. interpretation n. The act of e
Page 72 and 73:
389. lawful adj. Allowed by law; le
Page 74 and 75:
407. magistrates n. Members of the
Page 76 and 77:
418. media n. Pl. of medium; in C,
Page 78 and 79:
437. nation n. A large community of
Page 80 and 81:
450. non-discriminationn.Treating p
Page 82 and 83:
466. ordinance* n. Lesser law than
Page 84 and 85:
482. part-time adj. For less than t
Page 86 and 87:
499. polling n. Conducting of publi
Page 88 and 89:
515. present adj. and v. (adj.) (Of
Page 90 and 91:
530. progressive adj. Moving forwar
Page 92 and 93:
544. province n. A territory govern
Page 94 and 95:
562. reconciliation n. Re-establish
Page 96 and 97:
579. religiousdenomination n.phrase
Page 98 and 99:
593. reservations n. In India, the
Page 100 and 101:
608. rule of law* n.phraseThe condi
Page 102 and 103:
623. self-incriminationn.The act of
Page 104 and 105:
637. society n. The totality of soc
Page 106 and 107:
649. subject to* vt. andn.(vt.) Req
Page 108 and 109:
663. tax* n. and vt. Levy or money
Page 110 and 111:
679. transition n. The process or p
Page 112 and 113:
698. verdict n. The decision of a c
Page 114:
Appendix: Names of Parts ofLegislat
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A Glossary of Constitutional Terms: English / Nepali

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