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Bhutanese Citizenship Act 1958
The Bhutanese Citizenship Act of 1958, officially the Nationality Law of Bhutan, 1958, is a decree by the Druk Gyalpo King Jigme Dorji Wangchuck, recognizing the definition of a Bhutanese citizen. The Act was amended in 1977 and then superseded by the Citizenship Act of 1985. Provisions of the 1958 Act The preamble and first two articles of the Act describe its promulgation as a series of changes to the previous nationality law. It also states that King Jigme Dorji Wangchuck promulgated the Act on the advice of royal advisers, the Bhutanese people, and the monastic body. They also define its name and jurisdiction – the Kingdom of Bhutan. Bona fide Bhutanese nationals The Act's third article provides Bhutanese citizenship to residents whose fathers are Bhutanese nationals, and to children born anywhere after the enactment of the Act whose fathers are Bhutanese nationals at the time of the child's birth. This provision is an example of a patrilineal ''jus sanguinis'', or blood-bas ...
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Druk Gyalpo
The Druk Gyalpo (; 'Dragon King') is the head of state of the Kingdom of Bhutan. In the Dzongkha language, Bhutan is known as ''Drukyul'' which translates as "The Land of the Thunder Dragon". Thus, while kings of Bhutan are known as ''Druk Gyalpo'' ("Dragon King"), the Bhutanese people call themselves the ''Drukpa'', meaning "people of Druk (Bhutan)". The current sovereign of Bhutan is Jigme Khesar Namgyel Wangchuck, the fifth ''Druk Gyalpo''. He wears the Raven Crown, which is the official crown worn by the kings of Bhutan. He is correctly styled "''Mi'wang 'Ngada Rinpoche''" ("His Majesty") and addressed "''Ngada Rimboche''" ("Your Majesty"). King Jigme Khesar was the second-youngest reigning monarch in the world when he ascended the throne on 1 November 2008 after his father, Jigme Singye Wangchuck, abdicated the throne in his favour. Duties and powers The Constitution confirms the institution of monarchy. The Druk Gyalpo (King of Bhutan) is the head of state and th ...
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Ministry Of Home And Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs ( Dzongkha: ནང་སྲིད་དང་སྲོལ་འཛིན་ལྷན་ཁག་; Wylie: ''nang-srid(-dang srol-'dzin) lhan-khag''; "Nangsi Lhenkhag") is the government ministry within the Lhengye Zhungtshog (Council of Ministers) which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the delivery of services by local governments; and the preservation, promotion, development, and protection of the culture and heritage of Bhutan. It is headed by the Home Minister (''Kidu Lyonpo''), who sits on the Lhengye Zhungtshog and is led by the prime minister. The Ministry currently operates from Tashichho Dzong. Background On May 20, 1968, the National Assembly, in its 28th session, formed a council of Ministers because of the increasing number of development activities in Bhutan. Accordingly, it resolved to appoint Lyonpo Tamji J ...
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Politics Of Bhutan
The Government of Bhutan has been a constitutional monarchy since 18 July 2008. The King of Bhutan is the head of state. The executive power is exercised by the Lhengye Zhungtshog, or council of ministers, headed by the Prime Minister. Legislative power is vested in the bicameral Parliament, both the upper house, National Council, and the lower house, National Assembly. A royal edict issued on April 22, 2007 lifted the previous ban on political parties in anticipation of the National Assembly elections in the following year. In 2008, Bhutan adopted its first modern Constitution, codifying the institutions of government and the legal framework for a democratic multi-party system. Sovereignty Bhutanese external relations and foreign policies were put under British control following the 1910 Treaty of Punakha. However, due to the policy of self-imposed isolationism, the effect of the treaty was limited to an extent. After Indian independence in 1949, Bhutan and India agreed t ...
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Law Of Bhutan
The law of Bhutan derives mainly from Bhutanese legislation, legislation and foreign relations of Bhutan, treaties. Prior to the enactment of the Constitution, laws were enacted by fiat of the Druk Gyalpo, King of Bhutan. The law of Bhutan originates in the dual system of government, semi-theocratic Tsa Yig legal code, and was heavily influenced through the twentieth century by English law, English common law. As Bhutan democratizes, its government has examined many countries' legal systems and modeled its reforms after their laws. The supreme law of Bhutan is the Constitution of Bhutan, Constitution of 2008. Under the Constitution, laws are passed through a bicameralism, bicameral process requiring the assent of the National Assembly of Bhutan, National Assembly and National Council of Bhutan, National Council of Parliament of Bhutan, Parliament, as well as the assent of the Druk Gyalpo, King. The final authority on law of Bhutan and its interpretation is the Supreme Court of Bhuta ...
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Immigration In Bhutan
Immigration to Bhutan has an extensive history and has become one of the country's most contentious social, political, and legal issues. Since the twentieth century, Bhutanese immigration and citizenship laws have been promulgated as acts of the royal government, often by decree of the Druk Gyalpo on advice of the rest of government. Immigration policy and procedure are implemented by the Lhengye Zhungtshog (Council of Ministers) Ministry of Home and Cultural Affairs, Department of Immigration. Bhutan's first modern laws regarding immigration and citizenship were the Bhutanese Citizenship Act 1958 and subsequent amendments in 1977. The 1958 Act was superseded by the Bhutanese Citizenship Act 1985, which was then supplemented by a further Immigration Act in 2007. The Constitution of 2008 included some changes in Bhutan's immigration laws, policy, and procedure, however prior law not inconsistent with the 2008 Constitution remained intact. Bhutan's modern citizenship laws and poli ...
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Bhutanese Nationality Law
Bhutanese nationality law is the law governing the acquisition, transmission and loss of Bhutanese citizenship. The Bhutanese Citizenship Act of 1985 was introduced by the Druk Gyalpo Jigme Singye Wangchuck, on June 10, 1985, modifying the definition of a Bhutanese citizen. The Act was implemented as part of a new national policy of ''Driglam Namzha'', national customs and etiquette. Because of its emphasis on Bhutanese culture, the Act is also referred to as the "One Nation, One People Act." The 1985 Act was amended by the Immigration Act of 2007 and then superseded in 2008 by the Constitution of Bhutan insofar as previous laws are inconsistent; where not inconsistent, the provisions of the 2007 Act, the 1985 Act, and previous Acts relating to immigration continue in effect. Provisions of the Citizenship Act of 1985 The first article of the Act provides its name, its date of enactment, and that it supersedes any conflicting prior laws relating to citizenship. Namely, this Ac ...
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Free Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kind ...
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Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, b ...
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Dungkhag
A dungkhag ( dz, དྲུང་ཁག་ ''drungkhak'') is a sub-district of a dzongkhag (district) of Bhutan. The head of a dungkhag is a ''Dungpa''. As of 2007, nine of the twenty dzongkhags had from one to three dungkhags, with sixteen dungkhags in total. History Under Bhutan's first government Act of decentralization, the Dzongkhag Yargay Tshogdu Chathrim of 2002 Dungpas were given a non-voting seat on the Dzongkhag Yargay Tshogdu. Under the Local Government Act of 2007, dungkhags provided general administration and coordination for two or more gewogs. As a result, some gewogs within a given district were directly subordinate to dungkhags while others are directly subordinate to dzongkhags. Dungkhag Administrations guided and supported their constituent Gewog Administrations and implemented the decisions of the Dzongkhag Tshogdu. Dungpas were administrative executives that reported directly to the Dzongkhag administration. The Dungpa was empowered to attend the meetings of t ...
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Dzongkhag
The Kingdom of Bhutan is divided into 20 districts ( Dzongkha: ). Bhutan is located between the Tibet Autonomous Region of China and India on the eastern slopes of the Himalayas in South Asia. are the primary subdivisions of Bhutan. They possess a number of powers and rights under the Constitution of Bhutan, such as regulating commerce, running elections, and creating local governments. The Local Government Act of 2009 established local governments in each of the 20 overseen by the Ministry of Home and Cultural Affairs. Each has its own elected government with non-legislative executive powers, called a (district council). The is assisted by the administration headed by a (royal appointees who are the chief executive officer of each ). Each also has a court presided over by a (judge), who is appointed by the Chief Justice of Bhutan on the advice of Royal Judicial Service Council. The , and their residents, are represented in the Parliament of Bhutan, a bicameral le ...
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Political Opinion
An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements. Definition A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with facts which are sought to be disputed by the logical fallacy that one is entitled to their opinions. Distinguishing fact from opinion is that facts are verifiable, i.e. can be agreed to by the consensus of experts. An example is: "United States of America was involved in the Vietnam War," versus "United States of America was right to get involved in the Vietnam War". An opinion may be supported by facts and principles, in which case it becomes an argument. Different people may draw opposing conclusions (opinions) even if they agree on the same set of facts. Opinions rarely change without new arguments being presented. It can be reasoned that one opinion is better supported by the facts than another, by analyzing the supporting arguments. ...
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