Parliament
79-635: Judiciary The Tshogdu ( Dzongkha : ཚོགས་འདུ་; Wylie : tshogs-'du ; "(Bhutanese Grand National) Assembly") was the unicameral legislature of Bhutan until 31 July 2007. The legislature had a total of 150 members. Dasho Ugen Dorje was the last President of the Tshogdu, with Nima Tshering the Secretary-General. It was replaced by the bicameral Parliament of Bhutan . The Tshogdu was originally composed of locally elected town representatives, religious representatives, and members nominated by
158-547: 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
237-632: A Royal Kasho (written order) of the King. The Constitution prohibits dual citizenship . If citizens of Bhutan acquire another citizenship, their Bhutanese citizenship is terminated. The Constitution confers the power to regulate all matters relating to citizenship to Parliament, subject to the Citizenship Acts. The Constitution, in Article 7, guarantees a number of Fundamental Rights , variously to all persons and to citizens of Bhutan. All
316-487: 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. The Jabmi Act sets forth regulations for the legal profession . 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
395-456: 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
474-708: A minimum of 60 percent of Bhutan's total land shall be maintained as forest for all time. Parliament may enact environmental legislation to ensure sustainable use of natural resources, maintain intergenerational equity , and reaffirm the sovereign rights of the State over its own biological resources. Parliament may also declare any part of the country to be a National Park, Wildlife Reserve, Nature Reserve, Protected Forest, Biosphere Reserve, Critical Watershed and such other categories meriting protection. The Constitution provides three categories of citizenship . First, "natural born citizens" are children of two citizen parents. This
553-521: A national referendum . Under the Constitution, the King, in exercise of his Royal Prerogatives (and as Head of State), promotes goodwill and good relations with other countries by receiving state guests and undertaking state visits to other countries. The King may also award titles, decorations, dar for Lhengye and Nyi-Kyelma (conferring a red scarf of rank and honour with the title of " Dasho ") in accordance with tradition and custom. Also among
632-639: 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,
711-670: A resolution is placed before the people in a National Referendum to be approved or rejected. If the National Referendum passes in all the Dzongkhags in the Kingdom, the King must abdicate in favour of the heir apparent . The Constitution states that Buddhism is the spiritual heritage of Bhutan. Buddhism is described as promoting the principles and values of peace, non-violence, compassion and tolerance. The Constitution places upon religious institutions and personalities
790-676: Is a civil servant. The Zhung Dratshang and Rabdeys (monastic bodies in the dzongs other than Punakha and Thimphu ) are to receive adequate funds and other facilities from the State. The Constitution codifies Bhutanese culture in legal terms. The State must endeavour to preserve, protect and promote the cultural heritage of the country, including monuments, places and objects of artistic or historic interest, Dzongs (fortresses), Lhakhangs (monasteries), Goendeys (monastic communities), Ten-sum (sacred images, scriptures, and stupas), Nyes (sacred pilgrimage sites), language , literature , music , visual arts and religion to enrich society and
869-601: Is an ambilineal jus sanguinis citizenship law. Second, "citizens by registration" are those who can prove domicile in Bhutan by December 31, 1958 by showing registration in the official record of the Government of Bhutan. Third, "citizens by naturalization" are those who have applied for, and were granted, naturalization. Naturalization requires applicants to have lawfully resided in Bhutan for at least 15 years; have no record of imprisonment for criminal offences within
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#1732776163293948-969: Is composed of 6 members: one senior member of the royal family nominated by the Privy Council (below), the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council, and the leader of the Opposition Party. The Constitution establishes a Privy Council of four persons, consisting of two members appointed by the King, one member nominated by the Lhengye Zhungtshog (Council of Ministers), and one member nominated by
1027-879: Is composed of the Supreme Court , the High Court , the Dzongkhag Courts , the Dungkhag Courts , 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
1106-640: 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. Under Article 28 § 3 of Constitution of Bhutan , 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 considered to be an important part of
1185-539: Is crowned on the Golden Throne. Upon the ascension of the King to the Throne, the members of the royal family, the members of Parliament, and the holders of offices requiring appointment by the King must take an oath of allegiance to the King. The Constitution provides a procedural framework for a Council of Regency . A Council of Regency is established when the King has temporarily relinquished, by Proclamation,
1264-511: Is not inconsistent with the Constitution, it remains in effect. 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 law to inspire trust and confidence and to enhance access to justice. (Art. 21) The Royal Court of Justice
1343-461: Is the national language of Bhutan, and the National Day of Bhutan is December 17. The Constitution is the supreme law of the State and affirms the authority of legal precedent : All laws in force in the territory of Bhutan at the time of adopting this Constitution continues until altered, repealed or amended by Parliament. However, the provisions of any law, whether made before or after
1422-769: The Attorney General 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 , 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. In
1501-478: The Constitution of 2008 . The judicial system comprises the Judicial Commission, the courts, the police, the penal code, and regulations on jabmi ( attorneys ). 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,
1580-598: 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:
1659-655: 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
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#17327761632931738-470: 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
1817-447: The cultural life of the citizens. It must also recognize culture as an evolving dynamic force and endeavour to strengthen and facilitate the continued evolution of traditional values and institutions that are sustainable as a progressive society. The State must conserve and encourage research on " local " arts, custom, knowledge and culture. The Constitution allows Parliament to enact any such legislation as may be necessary to advance
1896-414: The king , all of whom served a three-year term. At the time of its dissolution, there were 4 female and 146 male members. This article about Bhutan is a stub . You can help Misplaced Pages by expanding it . Judicial system of Bhutan Parliament Judiciary The judicial system of Bhutan is the purview of the Royal Court of Justice , the judicial branch of the government of Bhutan under
1975-422: The law of succession of the Golden Throne of Bhutan. Under this Section, title to the throne vests in the legitimate descendants of King Ugyen Wangchuck , enshrined on December 17, 1907. Title may pass only to children born of lawful marriage, by hereditary succession to direct lineal descendants in order of seniority upon the abdication or demise of the King. Article 2 Section 6 provides that upon reaching age 65,
2054-448: 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
2133-537: 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
2212-576: The Auditor General, and the Chairs of Anti-Corruption, Civil Service, and Election Commissions are holders of Constitutional Office. The King 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 judicial appointments are made from among
2291-1171: 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 corpus 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
2370-744: The Buddhist Drukpa Lineage is the state religion of Bhutan. The King appoints the Je Khenpo on the recommendation of the Five Lopons (teachers). The Je Khenpo must be a learned and respected monk ordained in accordance with the Druk-lu tradition, having the nine qualities of a spiritual master and accomplished in ked-dzog . The Je Khenpo appoints, on the recommendation of the Dratshang Lhentshog (Commission for
2449-690: The Chhoe-sid (religion and politics; temporal and secular). In addition, the King is the protector of all religions in Bhutan . The King is also the Supreme Commander in Chief of the Armed Forces and the Militia of Bhutan . The King is not answerable in a court of law for his actions, and his person is sacrosanct. However, the King is mandated to protect and uphold the Constitution "in
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2528-997: The Chief Election Commissioner and other members of the Election Commission ; the Auditor General of the Royal Audit Authority; the Chairperson and other members of the Royal Civil Service Commission; and the Chairperson and other members of the Anti-Corruption Commission. The term for each position is 5 years. Referenced for incorporation are the Bhutanese Audit Act , Bhutanese Civil Service Act , Bhutanese Anti-Corruption Act , and Attorney General Act ; references to existing Election Laws also appear throughout
2607-809: 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
2686-422: The Chief Justice of Bhutan) if at least ⅔ of the total number of the members of Parliament submits such a motion stating its basis and grounds. The King may respond to the motion in writing or by addressing the joint sitting of Parliament in person or through a representative. If, at such joint sitting of Parliament, at least ¾ of the total number of members of Parliament passes the motion for abdication, then such
2765-525: 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 Bhutanese court system, echoed in the Judicial Service Act of 2007 and preserved by the Constitution of Bhutan in 2008. Evidentiary standards are codified by the Evidence Act of 2005. The Act includes many modern, liberal English common law provisions including
2844-814: The Constitution. The King appoints positions other than Constitutional Officers on the advice of other bodies. He appoints the heads of the Defence Forces from a list of names recommended by the Service Promotion Board. The King appoints the Attorney General of Bhutan , the Chairperson of the Pay Commission, the Governor of the Central Bank of Bhutan , the Cabinet Secretary, and Bhutanese ambassadors and consuls on
2923-550: The Drafting Committee should comprise government officials, National Assembly members, and eminent citizens who were well qualified, had a good understanding of the laws of Bhutan, and who would be able to contribute towards drafting the Constitution. On November 30, 2001, the King inaugurated the outset of its drafting with a ceremony. By 2005, the Royal Government had circulated copies of the draft among
3002-466: The King must retire (abdicate) in favor of the Crown Prince or Crown Princess , provided the royal heir has reached age 21. There is a stated preference that a prince take precedence over a princess, however this is subject to the exception that if there are "shortcomings in the elder prince, it is the sacred duty of the King to select and proclaim the most capable prince or princess as heir to
3081-508: The Lhengye Zhungtshog and the Chief Justice should hold discussions on formulating the Draft Constitution. While Bhutan did not have a formal Constitution, the King believed all the principles and provisions of a Constitution were covered under the various written laws and legislation which guided the actions of the King and the functioning of the Royal Government, the judiciary and the National Assembly of Bhutan. Nevertheless, with
3160-772: The Monastic Affairs), the Five Lopons from among monks with the nine qualities of a spiritual master and accomplished in ked-dzog (stages of development and completion in Vajrayana practice). The membership of the Dratshang Lhentshog comprises 7 people: the Je Khenpo as Chairman; the Five Lopons of the Zhung Dratshang (Central Monastic Body); and the Secretary of the Dratshang Lhentshog who
3239-653: 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 dzongkhags of the nation. Constitution of Bhutan Parliament Judiciary The Constitution of Kingdom of Bhutan ( Dzongkha : འབྲུག་གི་རྩ་ཁྲིམས་ཆེན་མོ་; Wylie : 'Druk-gi tsa-thrims-chen-mo )
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3318-454: The National Council. The Privy Council is responsible for: all matters pertaining to the privileges and conduct of the King and the royal family; rendering advice to the King on matters concerning the Throne and the royal family; all matters pertaining to crown properties; and any other matter as may be commanded by the King. Under Article 2 Section 19, the King appoints a significant number of high-level Government officers: Judicial appointees,
3397-713: 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
3476-467: 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. Under the Royal Command of Druk Gyalpo Jigme Singye Wangchuck in 1995,
3555-583: The Royal Prerogatives are the grants of citizenship , amnesty, pardon and reduction of sentences; and land "kidu" and other "kidus" (benefits). The King may, by Royal Prerogative , command bills and other measures to be introduced in Parliament. Furthermore, bills of Parliament are ultimately subject to veto and modification by the King, however he must assent to bills resubmitted after joint sitting and deliberation. The King may also exercise powers "relating to matters which are not provided for under this Constitution or other laws." The Constitution establishes
3634-402: 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. Within the court system, the government of Bhutan and its organs are advised and represented in civil and criminal proceedings by
3713-418: The Throne." Title to the throne may also pass to the child of the Queen who is pregnant at the time of the demise of the King if no lineal heir exists. Such is an example of semi- Salic law . If there are no present or prospective lineal heirs, title passes to the nearest collateral line of the descendants of the King in accordance with the principle of lineal descent, with preference being given for elder over
3792-444: The adoption and support of environment friendly practices and policies. The Government itself pledges to protect, conserve and improve the pristine environment and safeguard the biodiversity of the country; prevent pollution and ecological degradation; secure ecologically balanced sustainable development while promoting justifiable economic and social development; and ensure a safe and healthy environment. To this end, it promises that
3871-456: The best interest and for the welfare of the people of Bhutan." Furthermore, there are Constitutional provisions for involuntary abdication in the event the King violates the Constitution. The Constitution entitles the King and the royal family to annuities from the State in accordance with law made by Parliament; all rights and privileges including the provision of palaces and residences for official and personal use; and exemption from taxation on
3950-490: The cause of the cultural enrichment of Bhutanese society. Article 5 pertains to the environment . The Constitution states that every Bhutanese is a trustee of the Kingdom's natural resources and environment for the benefit of the present and future generations and declares it the fundamental duty of every citizen to contribute to protection, conservation, and prevention of all forms of ecological degradation including noise, visual and physical pollution. This Article mandates
4029-428: The citizens of Bhutan have the right to life, liberty and security of person and is not deprived of such rights except in accordance with the due process of law . All persons in Bhutan have the right to material interests resulting from any scientific, literary or artistic production of which he or she is the author or creator. All persons are equal before the law and are entitled to equal and effective protection of
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#17327761632934108-492: The civil service and local governments in order to receive locals' feedback. The provisions of the Constitution of Bhutan appear below, grouped into thematic order for the convenience of the reader. The Constitution defines the Kingdom of Bhutan as a democratic constitutional monarchy belonging to the people of the Kingdom. The territory of Bhutan is divided into 20 Dzongkhags (Districts) with each consisting of Gewogs (Counties) and Thromdes (Municipalities). Dzongkha
4187-469: The coming into force of this Constitution, which are inconsistent with this Constitution, shall be null and void. The Supreme Court of Bhutan is the guardian of the Constitution and the final authority on its interpretation. Rights over natural resources vest in the State and are thus properties of the State and regulated by law. Throughout the Constitution, retirement is mandated for most civil servants upon reaching age 65. Notably, this includes
4266-442: The constitutional committee was particularly influenced by the Constitution of South Africa because of its strong protection of human rights . On 4 September 2001, King Jigme Singye Wangchuck briefed the Lhengye Zhungtshog (Council of Ministers, or Cabinet), the Chief Justice, and the Chairman of the Royal Advisory Council on the need to draft formal Constitution for the Kingdom of Bhutan . The King expressed his desire that
4345-420: The country and the people having successfully achieved a high level of development and political maturity, the time had come for a formal Constitution for the Kingdom of Bhutan. Royal Government of Bhutan appointed Indian constitutional lawyer K. K. Venugopal to serve as the Constitutional adviser for drafting of the Constitution of Bhutan. The King emphasized that the Constitution must promote and protect
4424-452: The country or outside; can speak and write Dzongkha; have a good knowledge of the culture, customs, traditions and history of Bhutan; and have no record of having spoken or acted against the Tsawa-sum . They must also renounce the citizenship, if any, of a foreign State on being conferred Bhutanese citizenship; and take a solemn Oath of Allegiance to the Constitution as may be prescribed. The grant of citizenship by naturalization takes effect by
4503-403: 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
4582-405: The exercise of Royal Prerogatives, and such relinquishment may be temporary. The Constitution provides that the King must abdicate the throne for willful violations of the Constitution or for suffering permanent mental disability. Either must be upon a motion passed by a joint sitting of Parliament. The motion for abdication must be tabled for discussion at a joint sitting of Parliament (presided by
4661-467: The exercise of the Royal Prerogatives; or when it has been resolved by at least ¾ of the total number of members of Parliament in a joint sitting that the King is unable to exercise the Royal Prerogatives by reason of temporary physical or mental infirmity; or the King abdicates or dies and the successor to the throne has not attained the age 21. These provisions are effective until the royal heir presumptive reaches age 21 and becomes Regent by right. When
4740-536: 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
4819-443: 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. Bhutan '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,
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#17327761632934898-407: 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 , the Attorney General, the senior most Associate Justice (Drangpon) of the Supreme Court, and the Chief Justice of Bhutan as Chairperson. The Commission advises
4977-429: 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
5056-442: 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
5135-436: 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
5214-411: The present as well as the future well-being of the people and the country. He stated the Constitution must ensure that Bhutan had a political system that would provide peace and stability, and also strengthen and safeguard Bhutan's security and sovereignty. The King decided the Lhengye Zhungtshog should, therefore, establish a committee to draft the Constitution for the Kingdom of Bhutan. The King said that
5293-416: The recommendation of the Prime Minister. The King also appoints Dzongdags to head Local Governments, and other secretaries to the Government on the recommendation of the Prime Minister who obtains nominations from the Royal Civil Service Commission on the basis of merit and seniority and in accordance with other relevant rules and regulations. The King appoints the Secretary General of the respective Houses on
5372-411: The recommendation of the Royal Civil Service Commission. The King also appoints the Je Khenpo (below) as the spiritual leader of Bhutan. Finally, as indicated above, the King appoints 2 of the 4 members of the Privy Council. The Constitution provides substantive and procedural law for two paths of abdication for reigning monarchs: voluntary and involuntary. As stated above, the King may relinquish
5451-400: The reigning King whenever possible. The Constitution confirms the institution of monarchy . The Druk Gyalpo (King of Bhutan) is the Head of State and the symbol of unity of the Kingdom and of the people of Bhutan. The Constitution establishes the " Chhoe-sid-nyi " (dual system of religion and politics) of Bhutan as unified in the person of the King who, as a Buddhist , is the upholder of
5530-426: 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
5609-404: The responsibility to promote the spiritual heritage of Bhutan while also ensuring that religion remains separate from politics in Bhutan . Religious institutions and personalities are explicitly required to remain above politics. The sole Constitutional exception is the King under the Chhoe-sid-nyi (dual system of religion and politics). Thus, while religion and politics are officially separate,
5688-407: The royal annuity and properties. The Constitution also limits the membership of the royal family to reigning and past Monarchs, their Queens and their Royal Children born of lawful marriage. Article 2 Section 26 states that Parliament may make no laws nor exercise its powers to amend the provisions regarding the monarchy and Bhutan's government as a "Democratic Constitutional Monarchy" except through
5767-528: 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 fraud . There are also provisions protecting witnesses and victims of sexual crimes which render evidence about
5846-486: The successor to the throne reaches age 21, or when the King resumes the exercise of the Royal Prerogatives, notice must be given by Proclamation. However, when the King regains the ability to exercise the Royal Prerogatives, notice is given to that effect by resolution of Parliament. The Council of Regency collectively exercises the Royal Prerogatives and the powers vested in the King. The Council of Regency
5925-404: 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
6004-572: The vacant positions' peers, juniors, and available eminent jurists in consultation with the National Judicial Commission (below). Dungkhag Court jurists are not appointed by the King. The King also appoints, from lists of names recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council, and the Leader of the Opposition Party, four kinds of high-level Government:
6083-481: 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 . The Evidence Act also covers the requirements of contracts , legally termed "written agreements". Valid agreements require writing in
6162-459: The younger. Title may never pass to children incapable of exercising the Royal Prerogatives by reason of physical or mental infirmity, nor to anyone whose spouse is a person other than a natural born citizen of Bhutan. The successor to the Throne receives dar (a scarf that symbolizes the conferring of rank) from the Machhen (the holy relic) of Shabdrung Ngawang Namgyal at Punakha Dzong , and
6241-563: Was enacted 18 July 2008 by the Royal Government of Bhutan . 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 current Constitution is based on Buddhist philosophy , international Conventions on Human Rights , comparative analysis of 20 other modern constitutions, public opinion, and existing laws, authorities, and precedents. According to Princess Sonam Wangchuck ,
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