Judicial perspectives of the ideological significance of gross national happiness to the judiciary: Ensuring fair trial to self-represented criminal defendants in Bhutan

Abstract

This article presents judicial perspectives on the relevance of Gross National Happiness (GNH) to the judiciary and its ideological significance in the specific context of ensuring fair trials to self-represented criminal defendants (SRCDs) and administering (criminal) justice in Bhutan. The article draws on the findings from semi-structured qualitative interviews with 16 Bhutanese Justices and Judges around the country. The findings suggest that GNH is judicially perceived as a legislated responsibility of the judiciary and an integral aspect of and highly influential on administering fair criminal justice to SRCDs in Bhutan. In practice, GNH as part of the judicial process can inspire a more humane and holistic approach to administering justice, contributing to fairer trials and more satisfied litigants, as well as more happiness in the justice sector.

Keywords:

• Self-representation
• judiciary
• gross national happiness
• fair trial
• criminal justice

Acknowledgements

The author would like to thank the selfless guidance and support received in the preparation of this article from his PhD Supervisors Professor Heather Douglas and Associate Professor Francesca Bartlett (University of Queensland). Many thanks to the Honourable Former Chief Justice of Bhutan Lyonpo Tshering Wangchuk and the then Honourable Officiating Chief Justice of Bhutan Dasho Kuenley Tshering for authorising the conduct of qualitative study with the judiciary of Bhutan, the then Honourable Registrar General of Supreme Court Dasho Tshering Dorji for facilitating the study, and participating Justices and Judges for their participation and support in the research. The author also would like to thank the University of Queensland for the institutional and financial assistance, including ethics approval to conduct the research.

Disclosure statement

No potential conflict of interest was reported by the author.