Royal High Court of Bhutan
Encyclopedia
The Bhutan
ese Royal Court of Justice (Dzongkha: དཔལ་ལྡན་འབྲུག་པའི་དྲང་ཁྲིམས་ལྷན་སྡེ་; Wylie
Dpal-ldan 'Brug-pai Drang-khrims Lhan-sde; Palden Drukpa Drangkhrim Lhende) is the government body which oversees the judicial system of Bhutan
. Senior Judges of the courts are appointed by the monarch. Bhutan's legal system is influenced by English common law. The Royal Court of Justice is based in the capital Thimphu
.
has always suffered from a lack of qualified officers with most of the office-holders being civil servants. Until the passing of the National Judicial Service Act of 2007, Judges were still a part of the Bhutanese civil service.
codified the substantive and procedural framework of the Royal Court of Justice. Article 21 of the Constitution establishes a system of royal appointments for the High Court
and Supreme Court
, and sets forth the role of each level of administration.
The Chief Justice, an appointee of the King, sits for a five-year term and chairs the National Judicial Commission, a royal agency. (Art. 21, §§ 4, 6, 17) The Chief Justice is to participate in several extrajudicial functions, including the Recency Council
; presiding over joint sessions of the Parliament of Bhutan
for abdication
procedures; and presiding over political impeachment proceedings. (Art. 2, §§ 8, 23; Art. 32, § 3)
All Constitutionally appointed judges other than the Chief Justice serve ten-year terms. (Art. 21, §§ 6, 13) There is, however, a mandatory retirement at age 65 for all Judges of the Supreme Court. (Art. 21, § 6) The Chief Justice and the Drangpons of the High Court serve ten-year terms, or until mandatory retirement at age 60. (Art. 21, § 13) No Constitutionally appointed judge may be re-appointed. (Art. 31, § 4)
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...
ese Royal Court of Justice (Dzongkha: དཔལ་ལྡན་འབྲུག་པའི་དྲང་ཁྲིམས་ལྷན་སྡེ་; Wylie
Wylie transliteration
The Wylie transliteration scheme is a method for transliterating Tibetan script using only the letters available on a typical English language typewriter. It bears the name of Turrell V. Wylie, who described the scheme in an article, A Standard System of Tibetan Transcription, published in 1959...
Dpal-ldan 'Brug-pai Drang-khrims Lhan-sde; Palden Drukpa Drangkhrim Lhende) is the government body which oversees the judicial system of Bhutan
Judicial system of Bhutan
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...
. Senior Judges of the courts are appointed by the monarch. Bhutan's legal system is influenced by English common law. The Royal Court of Justice is based in the capital Thimphu
Thimphu
Thimphu also spelt Thimpu, is the capital and largest city of Bhutan. It is situated in the western central part of Bhutan and the surrounding valley is one of Bhutan's dzongkhags, the Thimphu District. The city became the capital of Bhutan in 1961...
.
Background
The Bhutanese justice systemJudicial system of Bhutan
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...
has always suffered from a lack of qualified officers with most of the office-holders being civil servants. Until the passing of the National Judicial Service Act of 2007, Judges were still a part of the Bhutanese civil service.
Codification in 2008 constitution
In 2008, the 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...
codified the substantive and procedural framework of the Royal Court of Justice. Article 21 of the Constitution establishes a system of royal appointments for 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...
and 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...
, and sets forth the role of each level of administration.
The Chief Justice, an appointee of the King, sits for a five-year term and chairs the National Judicial Commission, a royal agency. (Art. 21, §§ 4, 6, 17) The Chief Justice is to participate in several extrajudicial functions, including the Recency Council
Regent
A regent, from the Latin regens "one who reigns", is a person selected to act as head of state because the ruler is a minor, not present, or debilitated. Currently there are only two ruling Regencies in the world, sovereign Liechtenstein and the Malaysian constitutive state of Terengganu...
; presiding over joint sessions of the Parliament of Bhutan
Parliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
for abdication
Abdication
Abdication occurs when a monarch, such as a king or emperor, renounces his office.-Terminology:The word abdication comes derives from the Latin abdicatio. meaning to disown or renounce...
procedures; and presiding over political impeachment proceedings. (Art. 2, §§ 8, 23; Art. 32, § 3)
All Constitutionally appointed judges other than the Chief Justice serve ten-year terms. (Art. 21, §§ 6, 13) There is, however, a mandatory retirement at age 65 for all Judges of the Supreme Court. (Art. 21, § 6) The Chief Justice and the Drangpons of the High Court serve ten-year terms, or until mandatory retirement at age 60. (Art. 21, § 13) No Constitutionally appointed judge may be re-appointed. (Art. 31, § 4)
Structure
- The Supreme Court of BhutanSupreme Court of BhutanThe 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...
- highest appellate court in Bhutan, authority on interpretation of laws - The High Court of BhutanHigh Court of BhutanUnder 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...
- appellate and extraterritorial jurisdiction - Administrative Tribunals established by ParliamentParliament of BhutanThe Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
- The Dzongkhag CourtDzongkhag CourtThe 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...
- DistrictDzongkhagA 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...
courts (20) - The Dungkhag CourtDungkhag CourtThe 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...
- Sub-DistrictDungkhagA dungkhag is a sub-district of a dzongkhag of Bhutan. The head of a dungkhag is a Dungpa...
courts (13 total in 6 DistrictsDistricts of BhutanBhutan comprises twenty districts .-Districts:-District Statistics:The results of the 2005 census appear below:...
)
See also
- Supreme Court of BhutanSupreme Court of BhutanThe 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...
- High Court of BhutanHigh Court of BhutanUnder 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...
- Dzongkhag CourtDzongkhag CourtThe 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...
- Dungkhag CourtDungkhag CourtThe 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...
- Districts of BhutanDistricts of BhutanBhutan comprises twenty districts .-Districts:-District Statistics:The results of the 2005 census appear below:...
- 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...
- Politics of BhutanPolitics of BhutanThe Government of Bhutan is a constitutional monarchy; between 1907 and the 1950s however, Bhutan was an absolute monarchy. The peaceful march to democracy has been a steady one. The King of Bhutan is head of state. Executive power is exercised by the Lhengye Zhungtshog, or council of ministers,...
- Judicial system of BhutanJudicial system of BhutanThe 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...
- JudiciaryJudiciaryThe 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...