Constitution of Brunei
Posted: 4:12 p.m. 6 January, 2005
Contributed by: Prime Minister's Office
Brunei's political system rests on the twin pillars of the country's written Constitution and the tradition of Malay Islamic Monarchy. These two facts dominate both the formal political life of Brunei and its government ethos. An addition and underlying feature is the country's adherence to the rule of law, a system based primarily on the English Common Law System and the independence of the judiciary.
Brunei's first written Constitution came into force in 1959 and since that date, has been subject to important amendments in 1971 and 1984.
The 1959 Constitution provides for The Sultan as the Head of State with full executive authority. The Sultan is assisted and advised by five councils - the Religious Council, the Privy Council, the Council of Ministers (the Cabinet), the Legislative Council and the Council of Succession.
The 1959 Constitution established the Chief Minister as the highest official, with the British High Commissioner as adviser to the Government on all matters except those relating to the Muslim religion and Malay customs. Effectively, however, in all internal and financial matters, the country has been self-governing.
In 1971, the amended Treaty reduced further the power of the United Kingdom Government which retained responsibility only for foreign affairs whilst defence became the joint responsibility of both countries.
In 1984, Brunei resumed full political independence and took over responsibility for its own defence and foreign relations.
The work of the Councils is explained below. It is noteworthy that the system of government, which was carried out in the traditional Malay manner of advice tendered through a Chief Minister and senior officials, was replaced in 1984 by a move to a Cabinet style of government. The new style Cabinet system reflects His Majesty's commitment to a meritocratic and efficient administration.
His Majesty took up the offices of Prime Minister, Minister of Finance and Minister of Home Affairs in 1984, after the resumption of full political independence. In October 1986, he relinquished the Ministries of Finance and Home Affairs and took over the Ministry of Defence, a portfolio which his late father had held since 1984. His Majesty is Supreme Commander of the Royal Brunei Armed Forces. The Cabinet has 13 members and each reports to the Sultan.
The system of government revolves around the Sultan as the source of executive power. The 1959 Constitution states that power of appointment to the Councils is exercised by His Majesty.
The Religious Council is responsible for advising His Majesty on matters relating to Islam. This is dealt with in Part II of the Constitution, which lays down that the religion of Brunei shall be Islam according to the Shafeite sect. The head of the faith is His Majesty. Religious freedom is safeguarded by the Constitution. The Privy Council advises the Sultan in relation to the exercise of the prerogative of mercy, to the amendment or revocation of any of the provision of the Constitution and the award of honours.
The Legislative Council is provided for in the Constitution to exercise a scrutinizing role over legislation. However, due to reasons of State, the Legislative Council has not met in recent years and legislation is enacted through Royal proclamation.
The Council of Succession determines the succession of the throne in the event of that need arising. The order of succession is determined by the Constitution and arrangements for a Regency are similarly laid down.
Brunei's Constitution has to be understood in the context of Malay Islamic Monarchy. This tradition provides for a degree of reciprocity in the relationship between subjects and Monarch. His Majesty the Sultan is committed to meeting the people both through an extensive series of visits throughout Brunei on a regular basis and through informal contact on various religious occassions.
The existing political parties have very limited membership and have difficulty in organising it's meeting through lack of quorum. They do not enjoy popular support.
Brunei's Constitution makes it quite clear that there is a distinction between the State and the Monarchy. Items relating to the provision of a civil list and separate financial regulations for the national treasury show that,while the Sultan and Yang Di-Pertuan is the supreme executive and religious authority within Brunei, the State is quite distinct.
The judiciary forms a distinct and separate branch of government within Brunei and the independence of the judiciary is assured. The Government provides for the preservation of religious freedom within the country by ensuring that the Islamic Courts only have jurisdiction over Muslims.
The Sultan is able, under the Constitution, to proclaim a state of emergency and proclamations have effect, notwithstanding anything inconsistent with the Constitution.
The Constitution Since Independence
From the aforesaid, it is clear that the 1959 Constitution continues to be in force after 1st January 1984 and is the supreme law which provides the basic constitutional framework for the administration of the country. Changes were, however, made to give effect to the new status of Brunei Darussalam as a sovereign and fully independent country.
It will be recalled that following the abortive political unrest in 1962, certain provisions of the Constitution, relating to elections and the Legislative Council, were amended. The Legislative Council was from time to time re-constituted until a Cabinet-style Government was introduced for the first time in 1984.
The former offices of the Chief Minister, the State Secretary and the State Financial Officer were abolished and replaced by the Prime Minister and other Ministers.
Supreme executive authority vests with His Majesty the Sultan. The Prime Minister, who must be a Brunei Malay professing the Muslim religion belonging to the Shafeite sect, remains with The Sultan. The Ministers, including the Prime Minister, are appointed by The Sultan to hold office at the pleasure of His Majesty. Today they constitute the Council of Cabinet Ministers presided over by His Majesty the Sultan.
Historically, The Sultan of Brunei has always acted in consultation with his traditional advisers, principally the Wazirs. Hence the appearance on important State and constitutional documents, the signatures and seals of the principal Wazirs, indicating their agreement, as well as the signature and seal of The Sultan.
The tradition of consultation was formalised after the establishment of the British Resident system when the State Council was formed, presided over by The Sultan and consisted of his traditional advisers as well as the British Resident. This system lasted until the first written Constitution in 1959 when an Executive Council (later called the Council of Ministers) and the Legislative Council replaced the old State Council.
The traditional advisers continue to play an important role under the 1959 Constitution. Although they are no longer directly involved in the process of government, the majority of them comprise the membership of the Privy Council and the Council of Succession.
The establishment of the Executive Council, and later the formation of the Cabinet after resumption of full independence, therefore had a strong historic foundation. The consultative process has been subject to continuous refinement and today is not unlike that of any of the Western system of Cabinet government.
The gradual changes that have taken place were made to cope with new circumstances, particularly the needs of modern administration. The further changes in 1986, when a reorganisation of the Cabinet took place, are a further example of the system responding to change.
Provisions are made in the Constitution for the appointment of Deputy Ministers as well as the Attorney General by His Majesty.
Under the Constitution, His Majesty The Sultan and Yang Di-Pertuan exercises the powers to promulgate laws in the absence of the Legislative Council. The financial arrangements under the 1959 Constitution remain unaffected by the change of status in 1984 except insofar as those provisions refer to the Legislative Council. The position of the Auditor General remains the same as before 1984; he reports to His Majesty The Sultan.
No changes have been made to the position of the public services which continue to be controlled and supervised by the Public Service Commission.
With regards to the Judiciary, the same arrangement continue to be followed namely His Majesty The Sultan and Yang Di-Pertuan appoints Judges on contracts to become judicial commissioners of the Supreme Court of Brunei. Preparations have been made for Brunei to have its own arrangements with regards to the appointment of judges of the Supreme Court. In July 1991, two Bruneians were appointed as the Intermediate Court Judges. Judicial Committee of Privy Council acts as the final Court of Appeal.
Judiciary
The Supreme Court comprises the High Court and the Court of Appeals, while the Subordinate Court consists of the Magistrate's Courts. The High Court receives appeals from Magistrate's Courts in the districts and is itself a court of first instance for criminal and civil cases. Appeal from the High Court is submitted to the Court of Appeals. The Judicial Committee of the Privy Council in London is the final court of appeal for civil cases only. Syariah courts co-exist with the Supreme Court and deals with Islamic laws. In 1991 the Intermediate Court was established, with extensive civil and criminal jurisdiction; although it does not deal with capital offences.
Defence
Upon independence, Brunei established its own defence force for the first time since 1881 when Brunei became a British protectorate. The defence portfolio remains with the Sultan as Minister of Defence. There is no conscription and enlistment in the Royal Brunei Armed Forces (RBAF) is voluntary. The strength of the country's defence forces were further enhanced with the formation in 1987 of the Royal Brunei Reserve Regiment. The Sultan announced a restructuring of the RBAF; from 1 October 1991 they consist of five components: land forces, air force, navy, support services and a training corps.
Source: Prime Minister's Office
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