But why the compelling need for a written Constitution when an unwritten one has proved adequate for years not only in Bhutan but in other countries, including those which have had a glorious and long-standing tradition of democracy, freedom and the rule of law such as the United Kingdom? He specialises in constitutional law and media law, and has advised a number of governments, including the Royal Government of Bhutan on media-related matters since 2013. An understanding of the philosophical basis of the Constitution is important for any meaningful interpretation of its provisions. Ÿ&uß'!şÆS-Rà, %V[do]@BR.C*W/rC'P>TK"8U?A]17t+g=L9uj(.BI#nb@?>\OR^K*pYb>(CcT3%sIYip2jm^5i")+58hYm^>Mip)n1&3Y6F54W3;qD0Yi(3A@9W-o:Tdp8Whn^Y)^=3%+gkddbeOo#l>qUlN@3F@8=R,R^0GlZ4qDPZ]W[8u>QQrFV[+5?Xu6E`,D@NX,-T. Although this argument was accepted, the older version of the title was apparently reinstated at the last minute.17 It would have been interesting to know Tobgye’s views on this unexplained volte face. Quite clearly, Bhutan’s long-standing Buddhist heritage cannot be lost sight of in this context. Had such a forum existed, Tobgye’s task of capturing the whole range of opinions on the draft proposals would have, in some respects, been made easier. What should also not be lost sight of in this context is the need for continuing professional development of the judges, which means, in practical terms, the provision of high-quality training in a range of areas, which for the Bhutanese judiciary will have to, at least for the foreseeable future, come from outside, including from beyond the subcontinent. an unflinching loyalty on the part of most people to their monarch which meant that they were unwilling to question the king’s vision in the matter of constitutional reform. These important functions cannot be discharged unless the judiciary is adequately resourced, treated with the respect it deserves, kept free of all undue pressures and influences, and staffed with judges who are competent, well-trained, and imbued with a high degree of integrity, impartiality, and independence of mind. The book deserves particular attention because it is authored by someone who has played a pivotal role in the birth of the Constitution, viz. That is not surprising, partly because constitutional litigation has not yet taken root in Bhutan and partly because it was only as recently as 2010 that the highest court of the land, the Supreme Court (which would be expected to generate authoritative constitutional jurisprudence), was established. The enactment of a written Constitution––coupled with the growth of a ‘rights’culture, partly engendered by domestic law and partly encouraged by outside influences–– means that many issues which in the past were either settled through informal or traditional systems of dispute resolution or subjected to royal adjudication will now fall in the lap of judges. It has to do with judicial ethics and conduct. the chairman of the Constitutional Drafting Committee and a close adviser to the Fourth King. Bhutan should redouble its efforts to create a cadre of well-educated, properly trained lawyers who will, in turn, contribute to strengthening the judiciary in the decades to come. The international territorial boundary of Bhutan is inviolable and any alteration of areas and boundaries thereof shall be done only with the consent of not less than three-fourths of
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