Interpretation of Statutes at Bhutan
Here’s an overview of Interpretation of Statutes in Bhutan, focusing on how laws are construed and applied within Bhutan’s legal system:
⚖️ Legal System Context in Bhutan
Bhutan has a civil law system influenced by Buddhist philosophy, customary law, and modern legislative frameworks.
The Constitution of Bhutan (2008) is the supreme law, guiding statutory interpretation.
Courts interpret laws in line with principles of justice, fairness, and social harmony, consistent with Bhutan’s unique cultural and legal traditions.
📜 Principles of Statutory Interpretation in Bhutan
Literal or Textual Interpretation
The primary step is to understand the plain meaning of the words in a statute.
If the language is clear, it is applied as written.
Purposive Interpretation
Where statutory language is ambiguous, courts look at the purpose and intent behind the law.
Interpretation seeks to fulfill the objectives of the statute consistent with the public interest and Bhutanese values.
Harmonious Construction
Courts interpret statutes in a way that avoids conflicts between different laws and upholds coherence within the legal system.
Consideration of Customary Law
Bhutanese courts respect and incorporate local customs and traditions, especially in areas where statutory law is silent or ambiguous.
Constitutional Supremacy
All laws and their interpretations must conform to the Constitution.
The Supreme Court of Bhutan ensures constitutional consistency.
Avoidance of Absurdity
Interpretations that lead to unreasonable or absurd results are avoided.
🏛️ Judicial Authorities and Interpretation
The Supreme Court of Bhutan is the highest judicial authority interpreting statutes.
The High Court and District Courts also interpret laws within their jurisdictions.
Judicial decisions are based on legal texts, customs, and the spirit of Buddhist values promoting peace and justice.
📚 Sources for Interpretation
The Constitution of Bhutan (2008)
Various Acts and Codes passed by the Parliament
Royal Decrees (Kidu)
Judicial precedents, though not as heavily relied on as in common law systems
Customary laws and traditions
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