LAW COLLOQUY

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Rule of Law in Conflict: A Comparative Study of South Asian Constitutions

Student, Symbiosis Law School

The definition of war has expanded drastically, giving it a broader horizon of nature and scope than before. Wars and conflict today majorly exist intra-nationally, rather than inter-nationally. Legal tools and strategies are required to manage conflict and to make and maintain peace and cooperation in such areas. The most sacrosanct attribute to be upheld in times of conflict and post conflict is the Rule of Law (Hereinafter, ROL). It is imperative for a state to guarantee equality and fundamental rights to its citizens and ROL is an inalienable tool in providing the same. If strategically implemented in times of conflict, ROL’s role in pinning down accountability, conflict resolution and balancing powers and freedoms can dilute post conflict losses to a state and even prevent subsequent conflicts. This paper discusses the importance of the ROL, both during and post conflict. Further, the author attempts to delve into the South Asian constitutions of India, Myanmar and Sri Lanka and studies them through a lens of ROL. Lastly, the author draws conclusions by correlating the constitutional approach to the ROL with the conflict coping mechanism of the said countries.

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