9.4 Right to Constitutional Remedies

"The rights' right" — the guarantee that makes the rest enforceable: Article 46: the right to pursue constitutional remedies under Articles 133 or 144 for the rights of Part 3 — the constitutionalised ubi jus ibi remedium; The Supreme Court's extraordinary jurisdiction (Article 133(2)–(3)): enforcement of fundamental rights, any other legal right with no effective remedy, and public-interest constitutional/legal questions — with the power to issue the five writs: habeas corpus, mandamus, certiorari, prohibition, quo warranto; The High Courts' parallel power (Article 144): the same writs within each province — federalism's decentralised rights-enforcement; District Courts (Article 151): habeas corpus and prohibitory orders at the first rung; The writs' one-line functions (memorise): habeas corpus — produce the detained body (liberty against illegal custody); mandamus — command a public duty's performance; certiorari — quash a lower forum's excess; prohibition — stop a pending excess; quo warranto — by what authority does the office-holder hold office; Public-interest litigation: Article 133(2)'s "dispute of public interest or concern" — the relaxed locus standi of Nepal's PIL tradition since the 1990 era (the environmental and prisoners'-rights lines — Unit 18's prescribed cases are largely this tradition); the Supreme Court as final interpreter whose precedents bind all (Article 128); The enforcement critique (the honest close): statute-dependent rights ("as provided by law" clauses); under-implemented compensation regimes; socio-economic rights'…