Bhutan

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Legal Resources for Andorra The Constitution of The Kingdom of Bhutan 2008 E-Learning Resources eLearning Courses for Criminal Defense lawyers

Background and Legal System

Bhutan is a democratic constitutional monarchy with King Jigme Namgyel Wangchuck as head of state and Prime Minister H.E. Dasho Tshering Tobgay as head of government.

The law in Bhutan is a hybrid system of civil law and common law as it is derived from legislation, treaties, and case law.
The supreme law is the Constitution of 2008. Prior to this Constitution, it came from the fiat of the King of Bhutan and was heavily influenced by English common law and the theocratic Tsa Yig legal code.
Bhutanese law is premised on promoting Gross National Happiness (GNH) that is considered to be more important than their GDP. These laws are passed through a bicameral process requiring the assent of the National Assembly and the National Council of the Parliament and the assent of the King. The final authority on the law remains the Supreme Court. Laws enacted prior to the Constitution remain intact as they do not conflict with it. Furthermore, the law includes regulations and procedural frameworks from agencies of the Ministries with the Cabinet and independent Commissions. Overall, these laws are enforced by the national Police.

Rights of the Accused

Right Against Unlawful Arrests, Searches and Seizures:

Right Against Unlawful Detention:

Right Not to be Tortured or Ill-Treated:

Right to Medical Care:

Right to be Informed of Charges:

Right to Presumption of Innocence:

Right Against Self-Incrimination:

Right to Counsel and Effective Assistance:

Right to Due Process:

Right to Equal Protection of the Laws:

Right to Bail:

Right Against Ex Post Facto Prosecution:

Right Against Double Jeopardy:

Right to a Fair Trial:

• Generally:
• Right to a Trial by Jury:
• Right to a Speedy Trial:
• Right to an Impartial Judge:

Right to Language Interpretation:

Right to Habeas Corpus:

Capital Punishment:

Right to Appeal:

Rights of Counsel

Means of Protecting and Enforcing Rights

Exclusionary Rule:

Nullity of Procedure:

Civil Actions:

Pre-Trial Procedure

Police procedures

Arrest, Search and Seizure Laws:

Interrogation:

Court Procedures

Pre-Trial:

Oral Trial:

Sentencing:

Appeals

Rights in Prison

Right to Humane Conditions of Confinement:

Right to Medical Care in Prison:

Right to Mental Health Care:

Restriction of rights:

Rights of Special Populations:

• Women:
• Juveniles:

  Resources