Long answer questions: 1. "We all are Nepali, even though we are diverse in ability, sex, religion, culture and language." Justify this statement. What are the fundamental rights direct

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Explanation:INTRODUCTION

Are fundamental rights, the sort of rights entrenched in written constitutions

and human rights instruments, binding on individuals or other private

actors? With few exceptions, most legal systems of the constitutional

democratic type answer this question in the negative. The German Basic

Law, for example, provides in article 1(3) that ‘constitutional rights bind the

legislature, the executive, and the judiciary’ , which means that they bind all

the three standard state powers but not private actors such as individuals,

Direct and Indirect Effects of Fundamental Rights

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corporations, labor unions and the like. Similarly, the Fourteenth

Amendment to the United States Constitution provides that ‘no State shall

make or enforce any law which shall abridge the privileges or immunities of

citizens of the United States’. The U.S. Supreme Court built a notoriously

large and obscure body of case law on top of this seemingly harmless

provision ― the basis of the so-called ‘state action doctrine’ ― the gist of it

being that constitutional rights do not bind private actors unless they are

acting as surrogates of the state or are placed under privileged protection

from it. What it all comes down to is rejection of the view that fundamental

rights normally bind private as well as public actors or that such rights

produce not only ‘vertical’ but ‘horizontal’ effect as well.

But this is hardly the end of the story. Even if fundamental rights

cannot be invoked in private relations ― meaning, for instance, that the

plaintiff cannot base her complaint on the defendant’s violation of a

constitutional entitlement or that the defendant cannot invoke a

constitutional liberty to evade liability ― they are fully operative against the

state in its capacity as law-maker, law-executor and law-enforcer. Imagine

the standard hypothetical of a landlord that sues the tenant for breach of a

term in the lease that placed the latter under an obligation to go to church

every weekend and to decorate the premises with religious paraphernalia.

While the doctrine of vertical effect bars the tenant from invoking freedom of

religion against the landlord, he may do so against the court itself qua

enforcer of the lease and against the legislature qua author of the laws which

empower private parties to create legal obligations inconsistent with freedom

of religion. If the laws in question are indeed unconstitutional, they must be

regarded as void. At the end of the day, the tenant will win the case precisely

as she would if she was allowed to invoke the constitutional right directly

against the landlord. The only difference is procedural: the rejection of

‘horizontal’ effect implies that she must obtain a judicial decision striking

down the law deemed unconstitutional in order to win the dispute against the

landlord. One way or another, the outcome is exactly the same

Nepal is a small country but is a small landlocked country having an area 1,47,181 square meters.  According to the last census, the Nepali population is 2,64,94,504 people having different colors, sex, religion, caste, culture, language, etc. used to live in Nepal. According to the 2011 census, 81.3% of the Nepalese population is Hindu, 9.0% are Buddhist, 4.4% are Muslim, 3.0% are Kiratist (indigenous ethnic religion), 1.4% are Christian, 0.1% are Sikhs, 0.1% are Jains and 0.7% follow other religions or no religion.  Nepal is a multi-ethnic, multicultural, multilingual & secular state. As people like Janajati, Madhesi, Aryan, brahmin used to speak languages like Nepali, Nepal bhasa, Gurung, Tamang, etc There are more than 125 ethnic groups living together and speaking more than 123 languages as their mother tongue. people of Nepal used to celebrate cultures like jaatraas, Christmas, holi, buddha jayanti,  lhosar, etc.,    We are unified and unity in diversity. We all have the same blood through our vain. By this feeling, the people of Nepal used to share their culture and live by helping each other. Nepali people believe in humanity and brotherhood so Nepal is known as a peaceful country. people like different ability has proven that they can do what others can't. we can take example of Mahabir Pun, Ghamak Kumari Ghimire, Anuradha Koirala, etc who had done good works for Nepal as well as other countries.as we rightly say that "We all are Nepali, even though we are diverse in ability, sex, religion, culture and language."

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