Annual Judicial Commission

The Supreme Court chief justice, Lyonpo Sonam Tobgye, assumed the role of a teacher yesterday, inoculating a relatively new crop of judges, especially those from dungkhag courts, with a dose of legal principles and philosophies.

It was the sixth day of the judiciary’s annual conference in Thimphu, which began on June 1.

Using a white board to explain the various theories and legal principles, the chief justice asked the judges from over 35 dungkhag and district courts, high court and supreme court to understand, which school of thought they belonged to and their strengths and weaknesses.

“Are you a conservative judge, a liberal one, a pragmatist, idealist, teleological, consequentialist or a functionalist?” he asked the judges, adding that, in the next five years, the public, including the media, ought to know which legal philosophies and thoughts guide a judge, based on his or her judgements.

For instance, a conservative judge, he said, went by the book; while a liberal judge allowed rooms for manoeuvre.

A drangpon following the teleological theory would judge an action in terms of external goals or purpose, while the consequentialist theory measured the moral worth of the consequences, which could be good, neutral or evil.

“That’s why I tell judges to keep their mind open until the very last day of a case,” the chief justice said.

Removing quasi-judicial powers at dungkhag level, 12 courts opened in March 2009 manned by dungkhag drangpons. Earlier, dungpas were bestowed with the authority to make decisions akin to those of a judge in the dungkhags, besides other administrative powers.

“This is the first meeting where judges are exploring together the legal theories and philosophies,” a dungkhag court judge said, adding that this was an important issue, mainly for the fresh batch of dungthrims.

From Plato’s theory of justice to Thomas Hobbe’s natural law, which refers to the use of reason to analyse human nature and deduce binding rules of moral behaviour, the chief justice explained it all. “I want to expose judges to all these various ideas,” he said.

A district court judge said it was important for judges to know these legal philosophies, to understand how rules and laws are framed, and how they came to a particular judgement on a case. “These judgments should, however, be free of all biases,” he said.

Lyonpo Sonam Tobgye asked every judge to choose two subjects or areas, in which they would like to specialise. “In the next few years, we want to build the expertise in the judiciary,” he said, adding that, within the next two to three years, the judiciary’s emphasis would be on the quality of justice delivered.

The conference ends on June 11. Source: Kuenselonline

About Namgay Dorji

Namgay Dorji is the Founder and Managing Director of Bhutan Majestic Travel, bearing Inbound Travel Agency and Tour Operator License No: 1019993. Bhutan Majestic Travel is a Private Tour Operator & Travel Agency based in Thimphu, the Capital city of Bhutan. Bhutan Majestic Travel specializes in Trekking Tours, Cultural Tours, White Water River Rafting Tours, Mountain Biking Tours, Helicopter Sightseeing, Bird Watching Tours, Textile Tours, Flora & Fauna Tours, Custom Design Tours, Honeymoon, Student Exchange Tours, Pilgrimage Tours, Filming or Documentary Tours and Festival Tours. With us you can custom design your private intrest tour itinerary.

Namgay is also the Co-Web Designer for Bhutan Majestic Travel and updates daily news from Bhutan for the world.
He is also the Founder and Chairman of Bhutan Majestic Travel Football Club and main aim of BMT FC is to promote young childrens interest in sports. BMT FC is a registered Football Club with the Bhutan Football Federation and presently competing in the Departmental Football Tournament at Changjiji Football Stadium.

He gained his Tourism experience through working in the Bhutan Tourism Industry for many years as a Tour Guide and Tour Operation Manager. After completion of Tourism Management through the NISIET (National Institute of Small Scale Enterprise) Hyderabad, INDIA, he started Bhutan Majestic Travel with a group of young Bhutan Tourism professionals.
Namgay has traveled most of the Asian countries, India, Nepal, Thailand, Malaysia, Singapore, Hong Kong, Macau, China, Tibet and recently he visited Washington D.C along with Boston and New York when Bhutan Majestic Travel was one Travel Company selected for 42nd Smithsonian Folk life Festival held from 25th June to 6th July in National Mall. Today Namgay has great enthusiasm for travel and adventure. Check out some of my travel photos at http://www.flickr.com/photos/34999598@N00/

Namgay and his field Teams (Guides, Drivers, Trekking Cooks and waiters) strictly follow eco-friendly rules and regulations, thus minimizing the negative impact of tourism and trekking on the pristine environment of the Himalayas.

Depending on individual interests, one can book any of the tours which are included on our website or we can custom design your own private tour itinerary based on your intrest with Bhutan Majestic Travel. Bhutan is truly an unforgettable destination and customer satisfaction is guaranteed.

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