Judicial system of Bhutan
Encyclopedia
The judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008
. The judicial system comprises the Judicial Commission, the courts, the police, the penal code, and regulations on jabmi (attorney
s).
The Commission was reshaped with the enactment of the Judicial Service Act of 2007. Its membership was codified to include the chairperson of the Legislative Committee of the National Assembly
, the Attorney General, the senior most Associate Justice (Drangpon) of the Supreme Court, and the Chief Justice of Bhutan as Chairperson. The Commission advises the Druk Gyalpo on judicial appointments (the Chief Justice of Bhutan and the Drangpons of the Supreme Court and High Court – also the members of the Commission itself). The Commission also advises the Druk Gyalpo on the establishment of courts and tribunals in addition to those established by law. With the enactment of the Constitution of Bhutan
in 2008, the Commission membership was reduced to four persons: the Chief Justice of Bhutan as Chairperson, the senior most Drangpon of the Supreme Court, the Chairperson of the Legislative Committee of the National Assembly, and the Attorney General (Art. 2) All members of the Committee except the National Assembly Committee Chairperson remain royal appointments.
The Judicial Service Act of 2007 also established the Royal Judicial Service Council, an administrative agency ancillary to the National Judicial Commission. It has seven members: the Chief Justice of the High Court; the Registrars General of the Supreme Court and High Court; one sitting Drangpon of the Supreme Court; two Drangpons of the Dzongkhag Courts; and one Drangpon of the Dungkhag Courts on a two-year rotational basis. No Supreme Court Drangpon may simultaneously sit on both the Commission and the Council. The Royal Judicial Service Council determines and administers the organizational structure, budgetary, and personnel requirements of the judiciary. The Council is also empowered to create and abolish posts other than those of the Supreme Court and the High Court Drangpons, regulate higher or continuing legal education, and oversee the Judicial Service Selection Examination. All decisions of the Council must be reviewed by the Chief Justice of Bhutan.
The Judicial Service Act codified the requirement that those in judicial service attain at least a bachelor of laws
, including support personnel (clerks
). Drangpons of the Dzongkhag and Dungkhag Courts are required to attain a postgraduate diploma in National Law. Prior to the Act, judges were selected from among civil servants. Other qualifications, such as natural born citizenship, lack of foreign relations, and political detachment are imposed under the Act. The Act also established rules of judicial conduct and promotion criteria.
The Judicial Service Act of 2007 also codified aspects of the Bhutanese judicial system that appear in the Constitution of 2008
, namely the function of the National Judicial Commission, the roles and appointments of the upper judiciary, and the general framework of the court system. Insofar as the Judicial Service Act is not inconsistent with the Constitution, it remains in effect.
to inspire trust and confidence and to enhance access to justice. (Art. 21) The Royal Court of Justice is composed of the Supreme Court
, the High Court
, the Dzongkhag Court
s, the Dungkhag Court
s, and such other courts and tribunals as may be established by the King on the recommendation of the National Judicial Commission.
Under the Constitution, as under the earlier Judicial Service Act, the Druk Gyalpo appoints most of the upper Judicial branch: the Chief Justice of Bhutan and the Drangpons (Associate Justices) of the Supreme Court; the Chief Justice and Drangpons (Associate Justices) of the High Court. These royal judicial appointments are made from among the vacant positions' peers, juniors, and available eminent jurists in consultation with the National Judicial Commission.
. The Attorney General is appointed by the King of Bhutan on the advice of the Prime Minister. The Attorney General Act of 2006, wholly incorporated by the Constitution of 2008
, tasks the Attorney General with prosecuting crimes, safeguarding the impartiality of the judicial process, and disseminating information about the law among the people. The Attorney General also drafts Bhutanese legislation
for submission to parliament, reviews legislation authored in parliament, and advises all levels of government regarding judicial decisions.
petition rights. Both civil and criminal trials in Bhutan are decided by one or more judges. After final appeal in the court system, the Code provides for appeal to the Druk Gyalpo.
General procedure regulations include summons (including service), discovery (including privileges such as attorney work product), attachment of property, injunctions, interlocutory orders, receivership, and other legal mechanisms of common law
civil actions. Its guarantees include general evidentiary standards, such as adversarial introduction of physical and testimonial evidence, cross examination, and production of exhibits. Unlike common law systems, however, Bhutanese judges are also authorized to investigate, inspect, or inquire into any matter before it. But as in common law systems, civil actions require parties prove their cases on a preponderance of the evidence. Also like common law jurisdictions, the prosecution's burden of proof (in order to find the accused guilty) is to prove guilt beyond reasonable doubt to the full satisfaction of the Court.
The Code's civil procedure section further provides venue, jurisdiction, and pleadings rules. Many aspects are identical to common law procedure, namely the United States Federal Rules of Civil Procedure
, including terminology for claims, pleadings, and motions. In civil actions, the parties are at all times able to resolve their disputes before local government mediators.
The Code's criminal procedure section provides laws on arrest by police (with and without warrant), citizen's arrest, several kinds of search and seizure (also with and without warrant), charge, and trial procedure. Pleas, bargaining, and sentencing are also regulated under the Code, along with special rules for juvenile offenders. Nearly all the Code's criminal procedure is identical to that of any modern common law
jurisdiction.
The Civil and Criminal Procedure Code of 2001 also sets forth the structure and jurisdiction of the Bhutanse court system, echoed in the Judicial Service Act of 2007 and preserved by the Constitution of Bhutan
in 2008.
. There are also provisions protecting witnesses and victims of sexual crimes which render evidence about the witness or victim's sexual behavior inadmissible in most situations. Hearsay (including non-hearsay and hearsay exceptions), party admissions, burdens, and presumptions are also codified in a fashion similar to the United States
Federal Rules of Evidence
.
Interestingly, the Evidence Act also covers the requirements of contracts, legally termed "written agreements". Valid agreements require writing in the presence of one witness of each party; signature by all parties or another person himself duly empowered by a written agreement; and legal execution with a stamp
. Contracts are invalidated by an erased word; an alteration which is not counter-signed by the parties executing the agreement; a defective seal or signature; an improper legal stamp; the mental unsoundness, duress, or minority of a party; an objection by any party in a court within 10 days; or is illegal in nature or object. Parol evidence is admissible only in order to resolve ambiguities, apparently both patent and latent.
. Namely, the Act also details the role and responsibilities of the Attorney General of Bhutan. The body which regulates the legal profession is defined as the Jabmi Tshogdey, analogous to a bar association
. All jabmi must be members of this body in good standing, and the Act sets forth several requirements for membership. All jabmi must be Bhutanese citizens; persons of integrity, good character and reputation; not addicted to drugs; not of unsound mind or of mental infirmity; not adjudged bankrupt; not sentenced for criminal offences; have legal qualification recognized by the Jabmi Tshogdey; have undergone the National Legal Course; and have passed the Bar selection examinations. The Constitution guarantees all persons the right to "consult and be represented by a Bhutanese Jabmi of [their] choice." (Art. 7, § 21)
Notably, instances of repeated violations of the Jabmi Act by one jabmi resulted in a one-year prison sentence as well as multiple fines and monetary judgments against him.
in 1995, the High Court
started drafting the Penal Code, which was enacted by the National Assembly
in the August 2004. The Penal Code is the consolidation of collection of separate acts and sections of the Thrimzung Chhenmo enacted between 1959 and 1990. It is intended to reinstate dignity to the victims of crime and increase the possibilities for rehabilitation of offenders. It remains intact insofar as it is consistent with the Constitution of 2008
. While modern punishments include imprisonment
and fines, capital punishment in Bhutan
has been outlawed since March 20, 2004.
, the Royal Bhutan Police, as a trained uniform force under the Ministry of Home Affairs
, are primarily responsible for maintaining law and order and prevention of crime, and are also be considered an important part of the nation's security force. Furthermore, the Royal Bhutan Police are empowered with some quasi-judicial powers, namely to prosecute suspects and to summon witnesses.
's civil and criminal codes are based on the Tsa Yig
, a code established by Shabdrung
Ngawang Namgyal in the seventeenth century. The Tsa Yig was revised in 1957 and ostensibly replaced with a new code in 1965. Historically, in Bhutan's judicial
system, the King of Bhutan played an active role in the selection and retention of judges, as well as adjudication. Judicial appointments were made by the monarch, and until 2008, could be recalled by him at any time. Furthermore, the monarch was the final court of appeal (the "Supreme Court of Appeal").
During the reign of the Third King, Druk Gyalpo Jigme Dorji Wangchuck
, the National Assembly
enacted the first comprehensive codified laws known as the Thrimzhung Chhenmo ("Supreme Law") in 1953, which contain almost all modern categories of criminal offenses and their penalties. The 1965 code, however, retained most of the spirit and substance of the seventeenth-century code. Family problems, such as marriage, divorce, and adoption, usually were resolved through recourse to Buddhist
or Hindu religious law
. As late as 1991, village heads often judged minor cases and district officials adjudicated major crimes.
Trials in the 1980s were public, and it was the practice of the accuser and the accused each to put their cases in person to judges. There were no lawyers in Bhutan's legal system until the 1980s, and decisions were made on the facts of each case as presented by the litigants. Judges appointed by the Druk Gyalpo were responsible for investigations, filing of charges, prosecution, and judgment of defendants. Serious crimes were extremely rare throughout the twentieth century, although there were reports of increased criminal activity in the 1980s and early 1990s with the influx of foreign laborers, widening economic disparities, and greater contact with foreign cultures.
Arrests could be made only under legal authority. Exile, stated as a punishment in the 1953 Constitution of the National Assembly
, and its 1968 revision, was generally unused as a form of punishment; mutilation was abolished in 1965. Fines, according to various reports, ranged from the equivalent of US$10 to US$55, and jail sentences from seven days to one month were levied against citizens who violated the driglam namzha
a compulsory but not widely enforced 1989 royal decree that they wear the national dress at formal gatherings to preserve and promote Bhutanese culture. With respect to international criminal law, in 1988 the National Assembly ratified a SAARC convention on terrorism, which Bhutan has consistently condemned in international forums. It provided for extradition of terrorists.
Until the enactment of the Constitution of Bhutan
in 2008, the Royal High Court of Bhutan was the highest court in the kingdom
. The Royal High Court had original jurisdiction
over the twenty dzongkhag
s of the nation.
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
. The judicial system comprises the Judicial Commission, the courts, the police, the penal code, and regulations on jabmi (attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s).
National Judicial Commission
The National Judicial Commission was established in 2001 as part of Bhutan's Civil and Criminal Procedure Code. It began as a body appointed by the Druk Gyalpo and chaired by the Chief Justice of Bhutan, also a royal appointee. In 2001, the number of council members was not codified.The Commission was reshaped with the enactment of the Judicial Service Act of 2007. Its membership was codified to include the chairperson of the Legislative Committee of the National Assembly
National Assembly of Bhutan
The National Assembly is the elected lower house of Bhutan's new bicameral Parliament which also comprises the Druk Gyalpo and the National Council. It is the more powerful house.- Current National Assembly :...
, the Attorney General, the senior most Associate Justice (Drangpon) of the Supreme Court, and the Chief Justice of Bhutan as Chairperson. The Commission advises the Druk Gyalpo on judicial appointments (the Chief Justice of Bhutan and the Drangpons of the Supreme Court and High Court – also the members of the Commission itself). The Commission also advises the Druk Gyalpo on the establishment of courts and tribunals in addition to those established by law. With the enactment of the Constitution of Bhutan
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
in 2008, the Commission membership was reduced to four persons: the Chief Justice of Bhutan as Chairperson, the senior most Drangpon of the Supreme Court, the Chairperson of the Legislative Committee of the National Assembly, and the Attorney General (Art. 2) All members of the Committee except the National Assembly Committee Chairperson remain royal appointments.
The Judicial Service Act of 2007 also established the Royal Judicial Service Council, an administrative agency ancillary to the National Judicial Commission. It has seven members: the Chief Justice of the High Court; the Registrars General of the Supreme Court and High Court; one sitting Drangpon of the Supreme Court; two Drangpons of the Dzongkhag Courts; and one Drangpon of the Dungkhag Courts on a two-year rotational basis. No Supreme Court Drangpon may simultaneously sit on both the Commission and the Council. The Royal Judicial Service Council determines and administers the organizational structure, budgetary, and personnel requirements of the judiciary. The Council is also empowered to create and abolish posts other than those of the Supreme Court and the High Court Drangpons, regulate higher or continuing legal education, and oversee the Judicial Service Selection Examination. All decisions of the Council must be reviewed by the Chief Justice of Bhutan.
The Judicial Service Act codified the requirement that those in judicial service attain at least a bachelor of laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
, including support personnel (clerks
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
). Drangpons of the Dzongkhag and Dungkhag Courts are required to attain a postgraduate diploma in National Law. Prior to the Act, judges were selected from among civil servants. Other qualifications, such as natural born citizenship, lack of foreign relations, and political detachment are imposed under the Act. The Act also established rules of judicial conduct and promotion criteria.
The Judicial Service Act of 2007 also codified aspects of the Bhutanese judicial system that appear in the Constitution of 2008
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
, namely the function of the National Judicial Commission, the roles and appointments of the upper judiciary, and the general framework of the court system. Insofar as the Judicial Service Act is not inconsistent with the Constitution, it remains in effect.
Court system
The ultimate authority of the judiciary and on the interpretation of laws is the Royal Court of Justice. Its constitutional mandate is to safeguard, uphold, and administer justice fairly and independently without fear, favour, or undue delay in accordance with the rule of lawRule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
to inspire trust and confidence and to enhance access to justice. (Art. 21) The Royal Court of Justice is composed of the Supreme Court
Supreme Court of Bhutan
The Supreme Court of Bhutan is the Kingdom's highest court of review and interpreter of the Constitution. The Supreme Court consists of one Chief Justice and five Drangpons...
, the High Court
High Court of Bhutan
Under the 2008 Constitution, the High Court of Bhutan consists of the Chief Justice and eight Drangpons . The Chief Justice and Drangpons of the High Court are appointed from among juniors, peers, and eminent jurists by the Druk Gyalpo...
, the Dzongkhag Court
Dzongkhag Court
The Dzongkhag Court exists in each of Bhutan's 20 Dzongkhags, and is the court of first instance of the Royal Court of Justice in 14 of the 20 Dzongkhags of Bhutan. In the remaining 6 Dzongkhags there exists a further subdivision, Dungkhag, which is the basic level of judicial administration in...
s, the Dungkhag Court
Dungkhag Court
The Dungkhag Court is the court of first instance of the Royal Court of Justice in 6 of the 20 Dzongkhags of Bhutan which have Dungkhag administrative divisions; in the remaining 14 Dzongkhags, the Dzongkhag Court is the court of first instance. There are a total of 13 Dungkhags in the 6...
s, and such other courts and tribunals as may be established by the King on the recommendation of the National Judicial Commission.
Under the Constitution, as under the earlier Judicial Service Act, the Druk Gyalpo appoints most of the upper Judicial branch: the Chief Justice of Bhutan and the Drangpons (Associate Justices) of the Supreme Court; the Chief Justice and Drangpons (Associate Justices) of the High Court. These royal judicial appointments are made from among the vacant positions' peers, juniors, and available eminent jurists in consultation with the National Judicial Commission.
Attorney General
Within the court system, the government of Bhutan and its organs are advised and represented in civil and criminal proceedings by the Attorney General of BhutanAttorney General of Bhutan
The Office of the Attorney General of Bhutan is the legal arm of the executive branch of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan...
. The Attorney General is appointed by the King of Bhutan on the advice of the Prime Minister. The Attorney General Act of 2006, wholly incorporated by the Constitution of 2008
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
, tasks the Attorney General with prosecuting crimes, safeguarding the impartiality of the judicial process, and disseminating information about the law among the people. The Attorney General also drafts Bhutanese legislation
Bhutanese legislation
Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
for submission to parliament, reviews legislation authored in parliament, and advises all levels of government regarding judicial decisions.
Civil and criminal procedure
In the Bhutanese judicial system, civil and criminal procedure are defined by the Civil and Criminal Procedure Code of 2001. Foremost, the Code provides for open trials, equal protection of the laws, impartiality, and habeas corpusHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petition rights. Both civil and criminal trials in Bhutan are decided by one or more judges. After final appeal in the court system, the Code provides for appeal to the Druk Gyalpo.
General procedure regulations include summons (including service), discovery (including privileges such as attorney work product), attachment of property, injunctions, interlocutory orders, receivership, and other legal mechanisms of common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
civil actions. Its guarantees include general evidentiary standards, such as adversarial introduction of physical and testimonial evidence, cross examination, and production of exhibits. Unlike common law systems, however, Bhutanese judges are also authorized to investigate, inspect, or inquire into any matter before it. But as in common law systems, civil actions require parties prove their cases on a preponderance of the evidence. Also like common law jurisdictions, the prosecution's burden of proof (in order to find the accused guilty) is to prove guilt beyond reasonable doubt to the full satisfaction of the Court.
The Code's civil procedure section further provides venue, jurisdiction, and pleadings rules. Many aspects are identical to common law procedure, namely the United States Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
, including terminology for claims, pleadings, and motions. In civil actions, the parties are at all times able to resolve their disputes before local government mediators.
The Code's criminal procedure section provides laws on arrest by police (with and without warrant), citizen's arrest, several kinds of search and seizure (also with and without warrant), charge, and trial procedure. Pleas, bargaining, and sentencing are also regulated under the Code, along with special rules for juvenile offenders. Nearly all the Code's criminal procedure is identical to that of any modern common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdiction.
The Civil and Criminal Procedure Code of 2001 also sets forth the structure and jurisdiction of the Bhutanse court system, echoed in the Judicial Service Act of 2007 and preserved by the Constitution of Bhutan
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
in 2008.
Evidentiary standards
Evidentiary standards are codified by the Evidence Act of 2005. The Act includes many modern, liberal English common law provisions including the exclusion of evidence that is unfairly prejudicial, exclusion of evidence of attempts to settle outside court, and exclusion of evidence of subsequent remedial measures. The Act, however, does not guarantee parties before a court to confront the witnesses against them when the court believes the witness' identity needs to be protected. Physical evidence on an issue renders documentary evidence on the same issue inadmissible unless the court finds there is substantive and reasonable ground for the physical evidence to be untrue and irrelevant. Thus, judges retain a high level of discretion in the admission of evidence in all cases and the ability to rebut witness evidence in certain others. Witnesses may be impeached by prior inconsistent statements or by evidence of prior bad acts involving dishonesty or fraudFraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
. There are also provisions protecting witnesses and victims of sexual crimes which render evidence about the witness or victim's sexual behavior inadmissible in most situations. Hearsay (including non-hearsay and hearsay exceptions), party admissions, burdens, and presumptions are also codified in a fashion similar to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
.
Interestingly, the Evidence Act also covers the requirements of contracts, legally termed "written agreements". Valid agreements require writing in the presence of one witness of each party; signature by all parties or another person himself duly empowered by a written agreement; and legal execution with a stamp
Seal (contract law)
In the law, a seal affixed to a contract or other legal instrument has had special legal significance at various times in the jurisdictions that recognise it...
. Contracts are invalidated by an erased word; an alteration which is not counter-signed by the parties executing the agreement; a defective seal or signature; an improper legal stamp; the mental unsoundness, duress, or minority of a party; an objection by any party in a court within 10 days; or is illegal in nature or object. Parol evidence is admissible only in order to resolve ambiguities, apparently both patent and latent.
Practice of law
The Jabmi Act sets forth regulations for the legal professionLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
. Namely, the Act also details the role and responsibilities of the Attorney General of Bhutan. The body which regulates the legal profession is defined as the Jabmi Tshogdey, analogous to a bar association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
. All jabmi must be members of this body in good standing, and the Act sets forth several requirements for membership. All jabmi must be Bhutanese citizens; persons of integrity, good character and reputation; not addicted to drugs; not of unsound mind or of mental infirmity; not adjudged bankrupt; not sentenced for criminal offences; have legal qualification recognized by the Jabmi Tshogdey; have undergone the National Legal Course; and have passed the Bar selection examinations. The Constitution guarantees all persons the right to "consult and be represented by a Bhutanese Jabmi of [their] choice." (Art. 7, § 21)
Notably, instances of repeated violations of the Jabmi Act by one jabmi resulted in a one-year prison sentence as well as multiple fines and monetary judgments against him.
Penal system
Under the Royal Command of Druk Gyalpo Jigme Singye WangchuckJigme Singye Wangchuck
Jigme Singye Wangchuck is the former King of Bhutan. He was the fourth Dragon King of Bhutan from 1972 until his abdication in favour of his eldest son, Jigme Khesar Namgyel Wangchuck, in 2006...
in 1995, the High Court
High Court of Bhutan
Under the 2008 Constitution, the High Court of Bhutan consists of the Chief Justice and eight Drangpons . The Chief Justice and Drangpons of the High Court are appointed from among juniors, peers, and eminent jurists by the Druk Gyalpo...
started drafting the Penal Code, which was enacted by the National Assembly
National Assembly of Bhutan
The National Assembly is the elected lower house of Bhutan's new bicameral Parliament which also comprises the Druk Gyalpo and the National Council. It is the more powerful house.- Current National Assembly :...
in the August 2004. The Penal Code is the consolidation of collection of separate acts and sections of the Thrimzung Chhenmo enacted between 1959 and 1990. It is intended to reinstate dignity to the victims of crime and increase the possibilities for rehabilitation of offenders. It remains intact insofar as it is consistent with the Constitution of 2008
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
. While modern punishments include imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
and fines, capital punishment in Bhutan
Capital punishment in Bhutan
In Bhutan, capital punishment has been abolished since March 20, 2004 and is currently prohibited by the 2008 Constitution. The prohibition appears among a number of fundamental rights guaranteed by the Bhutanese Constitution...
has been outlawed since March 20, 2004.
Police force
Under Article 28 § 3 of Constitution of BhutanConstitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
, the Royal Bhutan Police, as a trained uniform force under the Ministry of Home Affairs
Ministry of Home and Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs is the government ministry within the Lhengye Zhungtshog which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the...
, are primarily responsible for maintaining law and order and prevention of crime, and are also be considered an important part of the nation's security force. Furthermore, the Royal Bhutan Police are empowered with some quasi-judicial powers, namely to prosecute suspects and to summon witnesses.
History of the judicial system
BhutanBhutan
Bhutan , officially the Kingdom of Bhutan, is a landlocked state in South Asia, located at the eastern end of the Himalayas and bordered to the south, east and west by the Republic of India and to the north by the People's Republic of China...
's civil and criminal codes are based on the Tsa Yig
Tsa Yig
The Tsa Yig is any monastic constitution or code of moral discipline based on codified Tibetan Buddhist precepts. Every Tibetan monastery and convent had its own Tsa Yig, and the variation in Tsa Yig content shows a degree of autonomy and internal democracy....
, a code established by Shabdrung
Shabdrung
Shabdrung , was a title used when referring to or addressing great lamas in Tibet, particularly those who held a hereditary lineage...
Ngawang Namgyal in the seventeenth century. The Tsa Yig was revised in 1957 and ostensibly replaced with a new code in 1965. Historically, in Bhutan's judicial
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
system, the King of Bhutan played an active role in the selection and retention of judges, as well as adjudication. Judicial appointments were made by the monarch, and until 2008, could be recalled by him at any time. Furthermore, the monarch was the final court of appeal (the "Supreme Court of Appeal").
During the reign of the Third King, Druk Gyalpo Jigme Dorji Wangchuck
Jigme Dorji Wangchuck
Jigme Dorji Wangchuck was the Third Druk Gyalpo of Bhutan.He began to open Bhutan to the outside world, began modernization, and took the first steps toward democratization...
, the National Assembly
National Assembly of Bhutan
The National Assembly is the elected lower house of Bhutan's new bicameral Parliament which also comprises the Druk Gyalpo and the National Council. It is the more powerful house.- Current National Assembly :...
enacted the first comprehensive codified laws known as the Thrimzhung Chhenmo ("Supreme Law") in 1953, which contain almost all modern categories of criminal offenses and their penalties. The 1965 code, however, retained most of the spirit and substance of the seventeenth-century code. Family problems, such as marriage, divorce, and adoption, usually were resolved through recourse to Buddhist
Dharma (Buddhism)
Dhamma or Dharma in Buddhism can have the following meanings:* The state of Nature as it is * The Laws of Nature considered collectively....
or Hindu religious law
Hindu law
Hindu law in its current usage refers to the system of personal laws applied to Hindus, especially in India...
. As late as 1991, village heads often judged minor cases and district officials adjudicated major crimes.
Trials in the 1980s were public, and it was the practice of the accuser and the accused each to put their cases in person to judges. There were no lawyers in Bhutan's legal system until the 1980s, and decisions were made on the facts of each case as presented by the litigants. Judges appointed by the Druk Gyalpo were responsible for investigations, filing of charges, prosecution, and judgment of defendants. Serious crimes were extremely rare throughout the twentieth century, although there were reports of increased criminal activity in the 1980s and early 1990s with the influx of foreign laborers, widening economic disparities, and greater contact with foreign cultures.
Arrests could be made only under legal authority. Exile, stated as a punishment in the 1953 Constitution of the National Assembly
National Assembly of Bhutan
The National Assembly is the elected lower house of Bhutan's new bicameral Parliament which also comprises the Druk Gyalpo and the National Council. It is the more powerful house.- Current National Assembly :...
, and its 1968 revision, was generally unused as a form of punishment; mutilation was abolished in 1965. Fines, according to various reports, ranged from the equivalent of US$10 to US$55, and jail sentences from seven days to one month were levied against citizens who violated the driglam namzha
Driglam namzha
The Driglam Namzha is the official behaviour and dress code of the Kingdom of Bhutan. It governs how citizens should dress in public and how they should behave in formal settings. It also regulates a number of cultural assets such as art and architecture...
a compulsory but not widely enforced 1989 royal decree that they wear the national dress at formal gatherings to preserve and promote Bhutanese culture. With respect to international criminal law, in 1988 the National Assembly ratified a SAARC convention on terrorism, which Bhutan has consistently condemned in international forums. It provided for extradition of terrorists.
Until the enactment of the Constitution of Bhutan
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
in 2008, the Royal High Court of Bhutan was the highest court in the kingdom
Bhutan
Bhutan , officially the Kingdom of Bhutan, is a landlocked state in South Asia, located at the eastern end of the Himalayas and bordered to the south, east and west by the Republic of India and to the north by the People's Republic of China...
. The Royal High Court had original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
over the twenty dzongkhag
Dzongkhag
A dzongkhag is an administrative and judicial district of Bhutan. The twenty dzongkhags of Bhutan are further divided into 205 gewogs. Some larger dzongkhags have one or more of an intermediate judicial division, known as dungkhags , which themselves comprise two or more gewogs...
s of the nation.
See also
- Royal Court of Justice
- Constitution of BhutanConstitution of BhutanThe Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
- Capital punishment in BhutanCapital punishment in BhutanIn Bhutan, capital punishment has been abolished since March 20, 2004 and is currently prohibited by the 2008 Constitution. The prohibition appears among a number of fundamental rights guaranteed by the Bhutanese Constitution...
- Bhutanese legislationBhutanese legislationBhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
- Royal Bhutan PoliceRoyal Bhutan PoliceLaw enforcement in Bhutan is the collective purview of several divisions of Bhutan's Ministry of Home and Cultural Affairs. Namely, the Ministry's Bureau of Law and Order, Department of Immigration, and Department of Local Governance are responsible for law enforcement in Bhutan...
- Law enforcement in Bhutan