5.2 Constitutional Construction and Influencing Factors

The doctrines that shape the constitutional outcomes:5.2.1 'Stare Decisis' PrincipleThe precedent's force: the settled interpretations binding (Art 128's world — the Supreme Court's decisions binding on all); the constitutional precedent's double weight (the interpretation'sendurance beyond the amendment's difficulty); the overruling's rarity-and-causes (the era's- change doctrine). Nepal's faces: the bench's structure and the precedent's management (the Constitutional Bench's uniformity duty).5.2.2 Doctrine of Ultra ViresThe powers' boundary: the act beyond the constitutional (or statutory) power void — the constitutional review's engine (Art 133/137's machinery); the ultra vires's faces: the substantive (the power's substance exceeded) and the procedural (the manner's breach); the Administrative Law interface (LAW5605's depth — the delegated legislation's control).5.2.3 Doctrine of Implied PowersThe unlisted powers' recognition: the listed power's necessary companions implied (the executive's treaty-making machinery; the parliament's privileges; the courts' inherent powers — Art 128-and-133's implied faces); the doctrine's justification (the constitution's incompleteness) and its danger (the amendment's bypass).5.2.4 Doctrine of Implied ProhibitionThe inverse: the power's assignment elsewhere implies its absence here (the federal lists' exclusivity faces; the organs' separation logic); the implied prohibition's use: the federalism's boundary-policing (the provincial-and-local powers' protection against the federal drift).5.2.5 Doctrine of Colorable LegislationThe pretence's bar: what cannot be done directly cannot be done indirectly (the colourable exercise — the legislative power's disguise); the doctrine's home: the federal division (the federal Parliament legislating…