The Thrimzhung Chenmo and the Emergence of the Contemporary Bhutanese Legal SYSTEM1 (original) (raw)
Related papers
Traditional Neighbors, Different Modernities. Bhutan, Sikkim and the Mon Region, 2024
Introduction: Sikkim, Bhutan, and the muddy business of (legal) comparison 'Comparing' is not only one of the major causes of psychological malaise as touted by the blooming business of self-help literature ('you are unique, do not compare yourself to others!'), but a significant philosophical issue with complex epistemological ramifications in the humanities and social sciences. The notion of cultural incommensurability, in which each sociocultural entity is a unique cadre providing values and meanings within its own boundaries and therefore is incomparable to others, has inhabited Western literature at least since nineteenth century European 1 My gratitude goes to Anna Balikci-Denjongpa and Mélanie Vandenhelsken for bringing my attention to Sikkimese customary law and generously making varied sources available; Saul Mullard for his discussion and inputs on early Sikkimese legal documents; Michael Peil and Michaela Windischgraetz for sharing their information on the JSK Law School and the Punakha Code; and Tashi Chopel for the access to the BA program in political science and sociology of Sherubtse College. I also appreciate the comments made by the reviewers of this paper. Needleless to say, any inaccuracies and flaws remain my sole responsibility.
Here There Be Dragons! Buddhist Constitutionalism in the Hidden Land of Bhutan
Australian Journal of Asian Law, 2014
There has been a rise of theocratic constitutional orders in the last century. These constitutional theocracies adhere to the core elements of modern constitutionalism but enshrine religion as a source of public law. Despite its claims to 'secularity', Bhutan presents to the world a unique model of Buddhist constitutionalism quite unlike secular Western states or theocratic Islamic states. In Bhutan, the distinction between religion and politics is merely formal, under a Dual System of religion and politics, which are united in the person of the Druk Gyalpo (King of Bhutan). The Bhutan Constitution establishes a relationship of mutual interdependence between religion and state, establishing the Buddhist monastic order and governing part of its internal organisation. Though Buddhism is not the official religion, Buddhist values are constitutionally enshrined as a source of public law, which the state aggressively promotes and protects; it has proven intolerant towards religious minorities. Bhutan, in fact, bans the public practice of religions other than Buddhism and Hinduism, criminalises proselytisation, and uses education as a means to inculcate Buddhist values in students.
Zhabdrung Ngawang Namgyal and the Process of State Formation in Bhutan (17 th to Early 20 th Century
Interdisciplinary Journal of Applied and Basic Subjects, 2021
A substantial amount of historical evidence on the career of Zhabdrung Ngawang Namgyal, arguably one of the leading political figure of Bhutan in the 17th century, exists. He was the unifier of the kingdom of Bhutan, and he accomplished this task, by putting an end to the powers of warring chieftains. He was successful in uniting Bhutan into a nation-state by overcoming both the internal and the external threats. His victory over various political factions, creating internal strife, laid the the foundation on which the lineage of the Drukpa Kagyu and the Drukpa State were established. Zhabdrung Ngawang Namgyal instituted a system of governance called chhoesid nyiden, a dual system of governance. He went into permanent retreat in 1651, and his retreat assisted in securing the sovereignty of the country by putting an end to various threat that the country faced at the time. He was the first to consolidate power and unify Bhutan into a nation-state. The dissertation deals with the life and times of Zhabdrung, focusing on a series of forms introduced by him to consolidate Bhutan into a nation-state. In order to substantiate the discussion on Zhabdrung as nation-builder, the dissertation will highlight the changes he brought in both temporal and spiritual arenas. Further, the work explores the reasons for the survival of the political system founded by Zhabdrung in existing Bhutanese polity.