Tort law at Bhutan
Tort law in Bhutan is governed by a combination of traditional legal principles and modern statutory frameworks, reflecting the country's unique blend of Buddhist philosophy and contemporary legal practices.
⚖️ Legal Foundations
Bhutan's legal system is influenced by its historical legal code, the Tsa Yig, established in the 17th century by Zhabdrung Ngawang Namgyal. This code laid down the dual system of government, combining spiritual and temporal authority, and included provisions for civil and criminal conduct. While the Tsa Yig was de jure abrogated in 1965, many of its principles continue to inform Bhutanese law .
The modern legal framework is primarily based on the Constitution of Bhutan, enacted in 2008, which serves as the supreme law of the country. The Constitution guarantees fundamental rights and duties and establishes the Royal Court of Justice as the guardian of the Constitution and the final authority on its interpretation .
🏛️ Judicial System
The Royal Court of Justice oversees Bhutan's judicial system, comprising the Supreme Court, High Court, Dzongkhag Courts, and Dungkhag Courts. The Dzongkhag Court serves as the court of first instance in most districts, while the Dungkhag Court handles cases in areas with smaller populations .
Judicial appointments are made by the Druk Gyalpo (King) on the advice of the National Judicial Commission, ensuring independence and impartiality in the judiciary .
📜 Civil and Criminal Procedure
Bhutan's Civil and Criminal Procedure Code of 2001 outlines the procedures for both civil and criminal cases. The Code provides for open trials, equal protection of the laws, impartiality, and habeas corpus petition rights. Civil actions require parties to prove their cases on a preponderance of the evidence, while criminal cases require proof beyond a reasonable doubt .
In civil actions, parties have the opportunity to resolve disputes before local government mediators, reflecting Bhutan's emphasis on community-based conflict resolution.
🧑⚖️ Legal Profession
The legal profession in Bhutan is regulated by the Jabmi Act of 2005. Under this Act, all attorneys (known as jabmi) must be Bhutanese citizens of good character, have legal qualifications recognized by the Jabmi Tshogdey (the regulatory body), and have passed the Bar selection examinations. The Jabmi Tshogdey ensures that legal practitioners uphold the standards of the profession and contribute to the administration of justice .
🧭 Summary
Tort law in Bhutan is characterized by a synthesis of traditional Buddhist principles and modern legal frameworks. While the Tsa Yig laid the foundation for civil and criminal conduct, contemporary statutes like the Constitution and the Civil and Criminal Procedure Code provide the structure for legal proceedings. The judiciary operates independently, and the legal profession is regulated to ensure competent and ethical practice.
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