Constitution-Making in Bhutan: A Complex and Sui Generis Experience

Abstract

The tiny Himalayan kingdom of Bhutan, which had remained isolated from the rest of the world until the 1970s, embarked on a series of transformational reforms in the new millennium that included the replacement of the country’s century-old absolute monarchy with a parliamentary democracy and the enactment of a written constitution based on Western principles, such as the separation of powers and the rule of law. The ‘democratization’ process was unique, not least for the fact that the impetus for change came from the monarch, who pressed ahead with his modernization agenda in the face of palpable opposition from his people, arguing that popular democracy was the only viable way forward for Bhutan in the modern age. The process of constitution making involved the striking of a delicate balance between tradition and modernity and ensuring that the monarchy continued to play a meaningful role in the country’s affairs. This article argues that, although the process itself ran smoothly, it is too early to judge the durability and long-term success of Bhutan’s new constitutional arrangements.