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==Branches of government== {{Further|Constitution of Bhutan}} The [[Constitution of Bhutan]] provides for a government consisting of three main branches β executive, legislative, and judicial β plus the de facto apolitical [[Dratshang Lhentshog]] (Monastic Affairs Commission) of the [[Drukpa Kagyu]] state religion. The [[dual system of government|secular and religious]] branches of government are unified in the person of the [[Druk Gyalpo]] (King of Bhutan).<ref name=CoBE>{{cite web|url=http://www.constitution.bt/TsaThrim%20Eng%20(A5).pdf|title=The Constitution of the Kingdom of Bhutan|date=2008-07-18|publisher=[[Government of Bhutan]]|access-date=2011-03-02|url-status=dead|archive-url=https://web.archive.org/web/20110706162637/http://www.constitution.bt/TsaThrim%20Eng%20%28A5%29.pdf|archive-date=2011-07-06}}</ref> The trichotomy of secular government is not absolute. There are many independent commissions, agencies, and institutions that operate outside this general framework, such as the [[Royal Monetary Authority of Bhutan|Royal Monetary Authority]] and Election Commission. There are also agencies whose members are drawn from more than one branch of government, such as the Judicial Commission. In addition, there are several ministries within the [[cabinet (government)|cabinet]] executive branch, such as the [[Ministry of Home and Cultural Affairs]], which in turn delegate powers to subsidiary departments according to [[Bhutanese legislation|legislation]] by the legislative branch.<ref name=CoBE/> The legislative branch itself oversees devolved [[Local Government Act of Bhutan 2009|local governments]].<ref name=LGA09>{{cite web|url=http://www.nab.gov.bt/assets/uploads/docs/acts/2014/The_Local_Government_Act_of_Bhutan,_2009eng1stextraordinary.pdf|title=Local Government Act of Bhutan 2009|publisher=[[Government of Bhutan]]|date=2009-09-11|access-date=2017-08-16}}</ref> ===Executive branch=== {{Main|Tshering Tobgay|Prime Minister of Bhutan}} {{Office-table}} |[[King of Bhutan|King]] |[[Jigme Khesar Namgyel Wangchuck]] | |9 December 2006 |- |[[List of Prime Ministers of Bhutan|Prime Minister]] |[[Tshering Tobgay]] |[[People's Democratic Party (Bhutan)|People's Democratic Party]] |10 January 2024 |} Bhutan's [[head of state]] is the [[Kings of Bhutan|Druk Gyalpo]] ("Dragon King"). Although his title is hereditary, he must retire by age 65, and he can be removed by a two-thirds majority vote by the [[parliament of Bhutan|parliament]] followed by a national referendum, which must pass by a simple majority in all twenty districts of the country.<ref name=CoBE/> Prior to 2008, a similar abdication process existed under which the [[unicameral]] National Assembly, or ''[[Tshogdu]]'' could force the king to abdicate. The [[Je Khenpo]] is the highest religious official of [[Bhutan]] and head of the [[Dratshang Lhentshog]] (Monastic Affairs Commission).<ref name=CoBE/> He is typically viewed as the closest and most powerful advisor to the [[King of Bhutan]]. The 70th and present Je Khenpo is [[Jigme Chhoeda]]. Bhutan's [[head of government]] is its [[Prime Minister of Bhutan|Prime Minister]]. The Prime Minister is nominated by the party that wins the most seats in the [[National Assembly of Bhutan|National Assembly]] and heads the executive cabinet, called the [[Lhengye Zhungtshog]] (Council of Ministers). In 1998, the monarch's [[executive (government)|executive]] powers were transferred to the Council of Ministers, or [[Lhengye Zhungtshog]] (cabinet). At the time, candidates for the Council of Ministers were elected by the National Assembly for a fixed five-year term and had to be a part of the legislative assembly. The cabinet was headed by the [[Prime Minister of Bhutan|Prime Minister]], who was the [[head of government]]. The post of Prime Minister rotated each year between the five candidates who secured the highest number of votes. The 2005 draft [[Constitution of Bhutan]] included provision for a two-party democratic system that was unveiled after four years of preparation.<ref name=draft>{{cite web|url=http://www.constitution.bt/draft_constitution_2nd_en.pdf|title=Constitution of Bhutan (draft)|publisher=[[Government of Bhutan]]|year=2005|access-date=2011-03-16|archive-url=https://web.archive.org/web/20110722012036/http://www.constitution.bt/draft_constitution_2nd_en.pdf|archive-date=2011-07-22|url-status=dead}}</ref> Previously, the candidates to the cabinet Council of Ministers ([[Lhengye Zhungtshog]]) were nominated by the monarch, elected by the National Assembly. The members served fixed, five-year terms. There was also a Royal Advisory Council ([[Lodoi Tsokde]]), members nominated by the monarch. ===Legislative branch=== {{Main|Parliament of Bhutan|National Council of Bhutan|National Assembly of Bhutan}} [[File:Sir Ugyen Wangchuck and his councillors at Punakha, Bhutan, 1905.jpg|thumb|[[Ugyen Wangchuk]] with his councilors at [[Punakha]], Bhutan (1905)]] Bhutan elects its legislative branch through [[universal suffrage]] under the [[Constitution of Bhutan|Constitution of 2008]]. The [[Parliament of Bhutan|Bhutanese parliament]] is bicameral, consisting of a [[National Council of Bhutan|National Council]] (upper house) and a [[National Assembly of Bhutan|National Assembly]] (lower house). Prior to 2008, the legislative branch was the unicameral [[Tshogdu]]. The [[Tshogdu]] had 150 members, 106 members elected at various dates for a three-year term in single-seat [[constituency|constituencies]], 34 appointed members and 10 representatives of the monastic body. [[Suffrage]] in Bhutan at that time was unique in that each family unit, rather than individual, had one vote. ====Political parties and elections==== {{Main|Elections in Bhutan|List of political parties in Bhutan}} In Bhutan, [[list of political parties in Bhutan|political parties]], [[elections in Bhutan|elections, and referendums]] are overseen by the Election Commission, an independent government regulatory agency.<ref name=CoBE/><ref name=EA08>{{cite web|url=http://publicofficialsfinancialdisclosure.worldbank.org/sites/fdl/files/assets/law-library-files/Bhutan_Election%20Act_2008_en.pdf|title=Election Act of the Kingdom of Bhutan 2008|publisher=[[Government of Bhutan]]|date=2008-07-28|access-date=2017-08-16}}</ref> Candidates for most elections and appointments in Bhutan must be non-partisan; however, political parties may slate candidates for seats in the [[National Assembly of Bhutan|National Assembly]]. The party that wins the most seats nominates the [[Prime Minister of Bhutan|Prime Minister]].<ref name=CoBE/> The first Prime Minister, [[Jigme Thinley]], was a member of the [[Bhutan Peace and Prosperity Party]]. The second Prime Minister, Tshering Tobgay, heads the People's Democratic Party. The current Prime Minister, Dr. Lotay Tshering, heads the Druk Nyamrup Tshongpa. Political pressure groups include the Buddhist clergy; ethnic Nepalese organizations leading militant anti-government campaign; Indian merchant community and the exiled United Front for Democracy. ===Judicial branch=== {{Main|Royal Court of Justice}} Bhutan's legal system is based on codes established by [[Shabdrung Ngawang Namgyal|Zhabdrung Ngawang Namgyal]] in 17th century and influenced by Anglo-Indian [[common law]]. Under the [[Constitution of Bhutan|Constitution of 2008]], the Judicial branch consists of the [[Supreme Court of Bhutan|Supreme Court]], the [[High Court of Bhutan|High Court]], and twenty [[Dzongkhag Court]]s. For thirteen ''[[dungkhag]]'' jurisdictions in six [[Dzongkhag]]s, [[Dungkhag Court]]s are the courts of first instance. In all jurisdictions outside ''dungkhags'', the Dzongkhag Courts are the civil and criminal courts of first instance. The High Court is the first court of appeal, and the Supreme Court is the court of final appeal. The Supreme Court also has [[original jurisdiction]] over Constitutional questions and matters of national importance referred by the [[Druk Gyalpo|King]]. Judges of the Supreme and High courts are appointed by the King, and consists of one Chief Justice and four Drangpons (Associate Justices).<ref name="CoBE" /> Before 2008 in the Bhutanese [[judiciary|judicial system]], the monarch was the final [[appeals court|court of appeal]] (the "Supreme Court of Appeal"), and local government officials adjudicated minor crimes.<ref name=Worden>{{Country study|author=Robert L. Worden|country=Bhutan|abbr=bt|section=Legal System|editor=Andrea Matles Savada|date=September 1991|pd=yes}}</ref> The [[Royal High Court of Bhutan]] was the highest court in the country and had [[original jurisdiction]] over the twenty districts of the nation. Judicial appointments were made by the monarch, and could be recalled by him at any time. ====Legal system==== {{Main|Law of Bhutan}} The criminal justice system is based on trial before a panel of judges, and therefore resembles more the Napoleonic than the British or American adversarial systems. The prosecutor, a government employee, seeks to obtain an [[Confession (law)|acknowledgement of culpability]] from the accused. If this happens quickly, the sentencing may be lenient. If culpability is obvious but the accused refuses to admit to it, the sentence may be correspondingly severe. Judges may dismiss the case for lack of proof at any time. Recent [[Bhutanese legislation|legislation]] defines required proof of guilt more closely, providing increased protection against trivial or mistaken charges. Minor criminal offences may be tried by the [[Dzongkhag Court|dzongkhag Drangpon]] (District Judge). Bhutan has not accepted compulsory [[International Court of Justice]] [[Jurisdiction of the International Court of Justice|jurisdiction]].
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