Constitutional Law and the Bhutanese Legal System: Structure and Rights
The supreme law and its institutions
Constitutional questions test your grasp of the structure of the state, the separation of powers, and the enforceable rights guaranteed to persons. You should be able to describe the organs of government, the role of the monarchy, the function of the courts, and the hierarchy of legal sources.
Concepts you must command
Understand the supremacy of the Constitution, the process of constitutional amendment, the review of legislation, and the justiciability of rights. Know the fundamental rights and duties, the principles of state policy, and the distinction between enforceable rights and aspirational principles. Understand the independence of the judiciary, the role of the Attorney General, and the relationship between statute, regulation, and customary law.
Traps that appear in questions
- Treating directive principles as directly enforceable rights.
- Confusing the power to interpret the Constitution with the power to amend it.
- Assuming any statutory provision prevails over a constitutional guarantee.
- Overlooking procedural requirements for constitutional amendment.
- Mixing up the roles of the executive and the judiciary in appointments.
Rule of thumb
Apply a hierarchy test: Constitution, then statute, then subordinate legislation, then practice. Any lower norm inconsistent with a higher one is invalid to the extent of inconsistency.
Worked example
A regulation restricts assembly without prior permission. A challenge is brought. The analysis: identify the constitutional guarantee, ask whether the restriction is prescribed by law and proportionate, and place the burden on the state to justify the limitation. If the regulation exceeds the enabling statute, it fails even before the constitutional question is reached.