His Majesty’s Royal Address on the 117th National Day unveiled a visionary “Diamond Strategy,” centred on the establishment of the Gelephu Mindfulness City (GMC) as a Special Administrative Region. The ambitious “One Country, Two Systems” approach aims to catalyse comprehensive reforms across Bhutan by implementing parallel changes in four critical domains: strengthening democratic institutions, modernising bureaucratic processes, improving legal frameworks, and transforming the education system. The foundation of this strategic initiative rests firmly on legal reforms, which serve as the essential anchor for successful national transformation. This carefully structured legal environment enables innovations from the GMC to be effectively mirrored nationwide, driving holistic progress and prosperity in our increasingly interconnected global landscape.
His Majesty’s address highlighted an overabundance of laws, poor public understanding, weak enforcement, and the need for swift enactment and amendment of laws. Other challenges include inadequate funding and human resources for the judiciary, and a lack of accessible court decisions in the existing system. To realise His Majesty’s vision within a decade, a comprehensive strategy with four implementation approaches should be considered.
Firstly, the Parliament should institute a national team to immediately carry out review, reduction and consolidation of existing laws. Partnering with GovTech and private tech companies, the process of such assignment should adopt AI, blockchain, and other emerging technologies review, consolidate, and streamline these existing laws. AI tools can speed up legal analysis while reducing errors and costs. These systems efficiently process large amounts of legal data to find redundancies and inconsistencies, streamlining the framework while maintaining accuracy and minimizing resource needs. However, these AI technologies can also possess potential for risks and vulnerabilities, we must exercise appropriate safeguards and ethical considerations, including proper oversight and regular audits for bias.
Secondly, extensive capacity building for legal professionals, including judges, lawyers, and enforcement officials, is crucial. A gradual language transition should be explored, allowing courts to accept both Dzongkha and English as official languages. Creating a centralised case law database, implementing a comprehensive case reporting system, and developing legal publishing standards are essential steps. Providing public access to court decisions will enhance transparency, help dispel rumours, reduce speculation, and provide a factual basis for public discourse on legal matters. Precedent forms the cornerstone of Common Law, and accessible case law is essential for its proper functioning and for mirroring the GMC’s legal system.
Thirdly, adequate financial support from the government is crucial for strengthening the rule of law and ensuring judicial independence in Bhutan. Sufficient funding enables the judiciary to enhance its existing human resources through robust performance evaluation systems, continuing education programmes for judges, and mechanisms to address challenges. This investment in human capital is essential for improving the efficiency of courts and the quality of judicial decisions. Moreover, adequate funding allows the justice sector to adapt to emerging technologies, implementing electronic case management systems and data analytics tools that can significantly improve court operations and transparency. Competitive salaries and benefits can help attract and retain highly qualified personnel, maintaining the expertise necessary to navigate complex legal challenges.
Our pursuit of His Majesty’s “Diamond Strategy” through legal transformation is a bold yet crucial endeavor. The comprehensive approach requires streamlining existing laws, adopting a Common Law system with our traditions, leveraging emerging technologies, and making judicial decisions publicly available. These legal reforms will catalyze broader societal advancement and economic growth as the nation progresses towards “One Country, One System”.
Sonam Tshering Lawyer, Thimphu
Disclaimer: The views expressed in this article are author’s own