Court System
The judiciary of Bhutan is the Royal Court of Justice, consisting of the Supreme Court of Bhutan, the High Court of Bhutan, the twenty Dzongkhag Courts, and some sixteen Dungkhag Courts. Where Dungkhag Courts have geographical jurisdiction (dungkhags, "sub-districts"), they are the courts of first instance; in all other places, the Dungkhag Court is the court of first instance.
The Chief Justice and Drangpons (Associate Justices) of the Supreme Court, as well as judges of the High Court and Dzongkhag Courts below, are appointed by the Druk Gyalpo. The Chief Justice sits for 5 years, but all others sit for 10 or until mandatory retirement.
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 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 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.
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.
Read more about this topic: Law Of Bhutan
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