Abstract:
“For the [R]ule of [L]aw to exist, people must believe in and be committed to the rule oflaw…” (Ashby). The rule of law is outlined most prominently by nations’ constitutions. A nation’s constitution is comprised of every element a nation has to offer: culture, economics, societal norms, politics, governmental expectations, judicial guidance, and more. “A constitution is not based on a norm, whose justness would be the foundation of its validity. It is based on a political decision concerning the type and form of its own being, which stems from its political being… The people, the nation remains the origin of all political action” (Schmitt, 2008). Unfortunately, there is a third of the world being un- or under-represented in their nations. Analyzing a nation’s constitutions and governmental acts can address where the shortcomings are arising from, and how nations can better address citizen inequality. The constitutional approach encompasses the legal means through which citizens can be recognized as a citizen, and therefore be recognized as a person of value to a state. My focus will be on Nepal, Sri Lanka, and India to analyze the constitutional means of citizen protection, and how a nation is expected to protect and serve all citizens. After all, the law is meant to be above social structures and hold every citizen in equal standing - regardless of their ethnicity, region, religion, and caste.
