General Practice Law at Bhutan
General practice law in Bhutan operates within a legal system that has undergone significant modernization and reform, particularly with the adoption of the Constitution in 2008. Bhutan's legal framework is a blend of its traditional semi-theocratic Tsa Yig legal code and influences from English common law. The principle of Gross National Happiness (GNH) often underlies Bhutanese legal and policy decisions.
Here's an overview of general practice law in Bhutan:
Common Areas of General Practice Law:
Lawyers in Bhutan, known as "Jabmi," generally handle a range of legal matters, including:
Civil Law: This is a broad area covering:
Contract Law: Drafting, negotiation, and enforcement of various agreements.
Property Law: Matters related to land ownership, transfer, and disputes.
Family Law: Divorce, child custody, maintenance, and inheritance.
Tort Law: Civil wrongs leading to liability.
Criminal Law: Representing both victims and accused in criminal cases. Bhutan has a Penal Code and a Civil and Criminal Procedure Code.
Constitutional Law: Interpreting and upholding the Constitution of 2008, which is the supreme law. Fundamental rights are enshrined in the Constitution.
Administrative Law: Dealing with issues between individuals/businesses and government agencies, including permits, licenses, and regulatory compliance.
Business and Commercial Law:
Company registration and compliance.
Commercial contracts.
Investment laws (especially as Bhutan seeks foreign investment).
Labor and Employment Law: Issues related to employer-employee relations, working conditions, and disputes.
Dispute Resolution:
Litigation: Representing clients in the court system.
While not as formalized as in some other countries, traditional methods of dispute resolution and mediation also play a role, and there's a push to integrate informal legal procedures into the formal system.
Citizenship and Immigration Law: Issues related to citizenship acquisition, visas, and immigration, which are governed by specific acts.
Intellectual Property Rights (IPR): Protection of trademarks, copyrights, and patents.
Bhutanese Legal System Structure:
Bhutan's judicial system, known as the Royal Court of Justice, is structured in a four-tier hierarchy:
Supreme Court: The highest appellate authority, responsible for entertaining appeals from the High Court, interpreting the Constitution, and exercising original jurisdiction in cases not covered by other laws or of national importance. It is the final authority on the law of Bhutan and its interpretation.
High Court: The court of appeal for the Dzongkhag Courts and tribunals. It also exercises original jurisdiction in matters not within the jurisdiction of the Dzongkhag Courts.
Dzongkhag Courts: District-level courts, exercising original jurisdiction in all cases within their territorial jurisdiction, where the original jurisdiction of the High Court does not apply.
Dungkhag Courts: Sub-district level courts, which also exercise original jurisdiction in cases within their territorial jurisdiction, where higher courts do not have original jurisdiction.
Judicial Appointments: Judges (known as Drangpons) of the Supreme Court and High Court are appointed by the King (Druk Gyalpo) on the recommendation of the National Judicial Commission.
Office of the Attorney General (OAG): The OAG is the government's chief legal advisor and representative in civil and criminal proceedings. It is also responsible for drafting bills, reviewing laws, and providing legal opinions to the government.
Jabmi Tshogdey (Bar Council of Bhutan): This is the regulatory body for the legal profession in Bhutan, analogous to a bar association. It sets forth regulations for the legal profession and oversees the selection and licensing of lawyers.
Becoming a General Practice Lawyer (Jabmi) in Bhutan:
To practice law as a "Jabmi" in Bhutan, individuals must meet specific requirements and be licensed by the Jabmi Tshogdey (Bar Council of Bhutan). Key steps generally include:
Legal Education:
Obtain a Bachelor's degree in Law (LLB) from a recognized institution. The Jigme Singye Wangchuck School of Law (JSW Law) is Bhutan's premier legal education institution, offering a 5-year integrated BA. LL. B./PGDNL program for undergraduates and a one-year PGDNL (Post Graduate Diploma in National Legal) for law graduates from outside Bhutan. JSW Law's curriculum combines Bhutanese law, customs, and values with international legal exposure.
For those with a law degree from outside Bhutan, the PGDNL program at JSW Law or a recognized legal qualification by the Jabmi Tshogdey is typically required.
Bar Examination (Jabmi Selection Examination):
After completing the required legal education, candidates must pass the Jabmi Selection Examination, administered by the Bar Council of Bhutan. This exam assesses proficiency in both Dzongkha (the national language) and English, as well as legal knowledge and skills.
The Bar Council of Bhutan publicly announces the details and dates for this examination.
Registration and Eligibility:
Meet additional criteria set by the Jabmi Tshogdey, which typically include:
Being a Bhutanese citizen.
Being a person of integrity, good character, and reputation.
Not being of unsound mind or mental infirmity.
Not being an adjudged bankrupt.
Not having been convicted of a criminal offense and sentenced to imprisonment.
Once these requirements are met and the exam is passed, the individual can register with the Jabmi Tshogdey to be licensed as a Jabmi.
Bhutan's legal system is still evolving, with a focus on good governance and adherence to its unique development philosophy of Gross National Happiness. For any specific legal needs, it is recommended to consult with a registered Bhutanese lawyer.
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