Authors' Affiliations: (1) Sonam Jamtsho, a student at Lovely Professional University, India. (2) Bhavyya Sharma, a Professor at Lovely Professional University, India.
摘要
Although Democracy is an old concept which had its origin in Greece around the fifth century B.C. E it has only found its way into Bhutan only in the 21st Century along with the vision of the Fourth King of Bhutan. Bhutan is a new and a young Democratic nation who only adopted Democracy on 18th of July 2008. Thus, as any other Nation in the world, when Bhutan became a democratic country it became necessary for Bhutan to draft a Constitution of its own and as such a necessity for a constitution arose as well. In this research paper we are going to look at how and from where the Buddhist Law came to be from and we are also going to look at how it has been a factor in the drafting of the constitution of Bhutan and on what other basis was the Constitution of Bhutan based upon. Unlike in the rest of the countries of the world there are only a handful of constitutionalcases in Bhutan since its adoption in 2008. The Judiciary as a separate body in the workings of a government is also a new concept in Bhutan and thus, we will also be looking in the Judicial Independence of the country as well.
目次
ABSTRACT 581 I. INTRODUCTION 581 (A) Statement of Problem / Research Problem 583 (B) Hypothesis 583 (C) Research Objectives 583 (D) Review of Literature 584 II. BUDDHIST CONCEPT OF THEORY OF ORIGIN OF STATE AND DISPUTE RESOLUTION 585 (A) Mangpo Kurwai Gyalpo 586 (B) Gyalpo Melongdong 588 III. THE ARRIVAL OF ZHABDRUNG IN BHUTAN 589 IV. INTRODUCTION OF MONARCHY IN BHUTAN 590 (A) The Kings of Bhutan 592 V. THE CONSTITUTION OF BHUTAN 594 (A) The Drafting Committee 595 (B) The Philosophy and the Supremacy of the Constitution 596 (C) The Shortcomings and the Peculiarities of the Constitution 598 (D) Constitutional Cases 599 VI. BUDDHISM AND LAW 601 VII. CONCLUSION 602
