Judgment Reviews Law at Bhutan
In Bhutan, judicial review is a fundamental aspect of the legal system, ensuring that government actions and decisions comply with the Constitution and the rule of law.
⚖️ Legal Framework for Judicial Review
The Constitution of Bhutan, adopted in 2008, establishes the judiciary as an independent body responsible for safeguarding justice. Article 21 of the Constitution outlines the structure and functions of the judiciary, including the Supreme Court, High Court, Dzongkhag Courts, and Dungkhag Courts. It grants the Supreme Court the authority to review its judgments and orders and to provide advisory opinions on matters of public importance referred by the Druk Gyalpo (King)
The Civil and Criminal Procedure Code of Bhutan further delineates the procedures for judicial review, specifying the grounds on which decisions can be challenged and the processes for appeals and reviews.
🏛️ Judicial Structure
Bhutan's judiciary comprises
Supreme Court: The highest appellate authority, with the power to review judgments and provide advisory opinions
High Court: Handles appeals from Dzongkhag and Dungkhag Courts and has original jurisdiction in certain cases
Dzongkhag and Dungkhag Courts:Serve as courts of first instance, handling civil and criminal cases within their jurisdiction
🧭 Grounds for Judicial Review
Decisions can be challenged on several grounds, includin:
Illegality Acting beyond the authority granted by la.
Irrationality Making decisions that are unreasonable or absur.
Procedural Impropriety Failing to follow required procedure.
Error of Law Misinterpreting or misapplying the la.
Violation of Fundamental Rights Contravening rights guaranteed by the Constitutio.
🏛️ Judicial Review Proces
The process typically involvs:
*Filing an Application: An individual or entity submits a petition to the appropriate court, outlining the decision being challenged and the grounds for reviw.
*Preliminary Examination: The court assesses whether the application meets the necessary criteria for judicial reviw.
*Full Hearing: If the application is accepted, a hearing is scheduled where both parties present their argumens.
*Decision: The court issues a ruling, which may include quashing the decision, ordering a rehearing, or providing other remedis.
⚠️ Recent Development
In 2021, the Supreme Court of Bhutan dissolved the Larger Bench of the High Court, citing delays and obstructions for litigans Litigants dissatisfied with High Court judgments are now required to appeal directly to the Supreme Cort
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