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1. Bhutanese legal system is considered as mixed system (common and civil law).

However, as
the majority cases are represented by the parties themselves, Judicial systems are inclined
towards more of inquisitorial cases being tried pro se. One of the prominent feature of the civil
law system is that they refer statutes while rendering its decision. While law of precedent plays
pivotal role in arriving court’s decision, majority of the decisions are based on the provisions on
the law. The lower courts shall render its decision after considering facts, evidence and provisions
of law while the appellate courts shall review the accuracy of lower courts application of laws.

2. Bhutan follows mixed legal system. It is common law in the sense that judges act like a umpire
when both the parties are represented by the legal counsel. Similarly, lower courts are bound by
the decision of higher courts giving importance to the law of precedence. On the other hand, it
is civil law system as majority of the parties to the case represent themselves, thus judges are
involved in thorough inquisition. They refer legislative enactments to convict or decide on the
particular issue.

3. Article 1 section 2 is the immutable principle of democracy forming the basic structure of the
constitution, which cannot be abrogated through simple parliamentary process. As enshrined
under section 2, the form of government shall be that of Democratic Constitutional Monarchy.

4. Like anywhere in the world, International law had become important source of legislative
enactment in Bhutan. Bhutan has adopted such practices to fulfill the international obligation.
Apart from international laws, Bhutan might have referred the laws of other countries but there
is no such example wherein Bhutan replicated the laws of other countries.

5. Supreme Court is the court of record, guardian of the constitution and final interpreter of the
Constitution. Refer Article 1 and Article 21 for more detail functions.

6. The Chief Justice and the Drangpons of the High Court are appointed by the His Majesty the
Druk Gyalpo. The Chief justice of the High Court shall be appointed from among the Drangpons
of the High Court or eminent jurist on the recommendation of the National Judicial Commission.
Similarly, Justices of the High Court shall be appointed from among Drangpons of District Court
or eminent jurists on the recommendation of National Judicial Commission.

7. The Drangpons of the High Court are independent. Independence of judiciary necessarily
inspires confidence of the people. In order to ensure independence, the National Judicial
Commission is entrusted with the responsibility to recommend the appointments so that there
is no political influence or pressure in rendering any decisions.

8. Criminal proceeding begin with the prosecutor filing a charge before a competent. The
prosecutor and the defendant shall provide written submission before the Court. If the Court
takes oral testimony, the Court shall have asked the testimony to be submitted in written.

9. A person shall have automatic right of appeal from Lowest court till the Supreme Court. If a
person is not satisfied with the judgement of sub-district court, they can appeal to District Court,
High Court and the Supreme Court.

10. The High Court derives its power of judicial review from Article 1 Section 11 considering
Supreme Court as the final authority to interpret it. It explicitly recognizes judicial review to guard
against changing opinion. Fluctuating emotions and tyranny of majority. Supreme Court in the
case of Opposition Party v the Government exercised its judicial review power.

11. It is the policy of the government based on which laws are drafted. Thus, laws originate from
the executive and its policy. However, amendment of laws may take place based on the decisions
of court or the directives given by the Court.