5.2 Interpretation of Fundamental Rights

The special canons (the rights' craft): The generous-and-purposive reading (the rights' fullness: the "majestic generality" served — the narrow-and-legalistic construction rejected; the rights' purpose (the human dignity) as the guide); The widening-of-coverage canon (the rights' interior expansion: the "life" including the dignified life; the "liberty" including the privacy — the penumbral reasoning (the Godavari line's craft: the environment-in-life; the Pant's dignity faces)); The restrictive-clauses' strict construction (the limitations' narrowness: the rights'- restricting provisions strictly read (the restriction's burden — the state's justification duty); the "by law" clauses' discipline); The proportionality doctrine (the limitations' structured review: the legitimate aim → the rational connection → the necessity (the least-restrictive means) → the balancing (the proportionality stricto sensu) — the modern four-stage craft; the rights-and-restrictions' fairness); The horizontal application's question (the rights' private-effect debates — the state-action doctrine's-and-the-direct-application's spectrum); The remedies' generosity (the rights' effective enforcement: the writs' liberal granting; the standing's relaxation (the PIL — the rights' access craft)); The non-obstante clauses' craft (the "notwithstanding" provisions' reading — the override's scope-and-limits). The Nepal's fundamental-rights jurisprudence (the paper's home- side): the 2047-Art 12 era (the Godavari's life-reading; the Thapa's privacy; the writ- jurisdiction's flourishing); the 2063-Art 12-and-22 era (the Pant's dignity; the Shrestha's climate rights); the 2072-Art 16-46 architecture (the expanded catalogue's reading: the 2015 text's new rights (the clean environment (Art 30),…