Politics of Brunei
Encyclopedia
The politics of Brunei
take place in a framework of an absolute monarchy
, whereby the Sultan of Brunei is both head of state
and head of government
. Executive power
is exercised by the government. Brunei has a Legislative Council
with 20 appointed members, that only has consultative tasks.
Under Brunei's 1959 constitution
, His Majesty Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah, is the head of state
with full executive authority, including emergency powers since 1962. The Sultan's role is enshrined in the national philosophy known as Melayu Islam Beraja
(MIB), or Malay Islam
ic Monarchy
. The country has been under hypothetical martial law
since a rebellion occurred in the early 1960s and was put down by British
troops from Singapore
.
and head of government
in Brunei. He exercises absolute powers and full executive authority under the framework of the 1959 Constitution. The Sultan is advised by and presides over five councils, which he appoints. The five councils are the Privy Council, Council of Succession, Religious Council, Council of Ministers
and the Legislative Council
.
. The body in charge of Islamic administration policy. Policies determined by the council are executed by the Ministry of Religious Affairs.
Members of the Religious Council include government ministers, a pengiran cheteria, pehin manteris, state mufti, the Attorney General, the Syarie
Chief Justice and additional members appointed by the Sultan.
has ever been held, in 1962. Soon after that election, the assembly was dissolved following the declaration of a state of emergency, which saw the banning of the Brunei People's Party
. In 1970 the Council was changed to an appointed body by decree of the Sultan. In 2004 the Sultan announced that for the next parliament, fifteen of the 20 seats would be elected. However, no date for the election has been set.
The Legislative Council currently consists of 20 appointed members, and has only consultative powers. Although there are no elections, the following legal parties exist:
Former parties include:
The structure of the Common Law Courts in Brunei starts with the Magistracy. There are currently less than 10 Magistrates for the country, all of whom are locals. A rung above the Magistracy is the Intermediate Courts. This was set up to be a training ground for the local. There are currently 2 Intermediate Court judges, both are locals.
The High Court currently consist of 3 Judges, 2 of whom are locals. The Chief Justice was a High Court judge from Hongkong.
There is no jury system in Brunei and a Judge or Magistrate sits alone to hear a case except for capital punishment cases where 2 High Court Judges will sit.
The Court of Appeal consists of 3 Judges, all of whom are currently retired British Judges. The Court of Appeal sits twice a year for about a month each time.
Appeals to the Privy Council in criminal cases are no longer available, whilst still retaining a very limited right of appeal to the Privy Council in civil cases.
The other system of Justice in Brunei is the Shariah Courts. It deals mainly in Muslim divorce and matters ancillary to a Muslim divorce in its civil jurisdiction and in the offenses of khalwat (close proximity) and zina (illicit sex) amongst Muslims.
The Syariah Court structure is similar to the Common Law Court structure except that it has no intermediate court and that the Court of Appeal is the final court of appeal.
All magistrates and judges both in the Common Law Courts and the Shariah Courts are appointed by the Government. All local magistrates and judges were appointed from the civil service with none thus far being appointed from the private practice.
, such as Limbang
, and is one of many nations to lay claim to the disputed Spratly Islands
. Several small islands situated between Brunei and Labuan
, including Kuraman island
, are contested between Brunei and Malaysia. However, they are internationally recognized as part of the latter.
Brunei
Brunei , officially the State of Brunei Darussalam or the Nation of Brunei, the Abode of Peace , is a sovereign state located on the north coast of the island of Borneo, in Southeast Asia...
take place in a framework of an absolute monarchy
Absolute monarchy
Absolute monarchy is a monarchical form of government in which the monarch exercises ultimate governing authority as head of state and head of government, his or her power not being limited by a constitution or by the law. An absolute monarch thus wields unrestricted political power over the...
, whereby the Sultan of Brunei is both head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
. Executive power
Executive Power
Executive Power is Vince Flynn's fifth novel, and the fourth to feature Mitch Rapp, an American agent that works for the CIA as an operative for a covert counter terrorism unit called the "Orion Team."-Plot summary:...
is exercised by the government. Brunei has a Legislative Council
Legislative Council of Brunei
Legislative Council of Brunei is the parliament in Brunei.-History:...
with 20 appointed members, that only has consultative tasks.
Under Brunei's 1959 constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
, His Majesty Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah, is the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
with full executive authority, including emergency powers since 1962. The Sultan's role is enshrined in the national philosophy known as Melayu Islam Beraja
Melayu Islam Beraja
Melayu Islam Beraja is the adopted national philosophy of Negara Brunei Darussalam...
(MIB), or Malay Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic Monarchy
Monarchy
A monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...
. The country has been under hypothetical martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
since a rebellion occurred in the early 1960s and was put down by British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
troops from Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
.
Executive branch
The Sultan is the head of stateHead of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
in Brunei. He exercises absolute powers and full executive authority under the framework of the 1959 Constitution. The Sultan is advised by and presides over five councils, which he appoints. The five councils are the Privy Council, Council of Succession, Religious Council, Council of Ministers
Cabinet of Brunei
The Cabinet of Brunei is the chief executive body of the State of Brunei Darussalam. As of 2010, the Cabinet of the government of Brunei Darussalam consists of the following:-Non-Minister Member with Ministerial Rank:-External links:*...
and the Legislative Council
Legislative Council of Brunei
Legislative Council of Brunei is the parliament in Brunei.-History:...
.
Privy Council
According to the Constitution, the Privy Council advises the Sultan in matters concerning the exercise of authority of mercy and the amendment or revocation of provisions in the Constitution. The council also advises the Sultan on the conferring of Malay customary ranks, titles and honours. It also performs functions such as proclaiming a succession of regency. Members of the Privy Council include members of the royal family and senior government officials.Council of Succession
The Council of Succession determines succession to the throne should that need arise. The order of succession is determined by the Constitution.Religious Council
The Religious Council, known in full as the Brunei Islamic Religious Council (BIRC) advises the Sultan on all matters pertaining to IslamIslam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
. The body in charge of Islamic administration policy. Policies determined by the council are executed by the Ministry of Religious Affairs.
Members of the Religious Council include government ministers, a pengiran cheteria, pehin manteris, state mufti, the Attorney General, the Syarie
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
Chief Justice and additional members appointed by the Sultan.
Council of Ministers
A Council of Ministers, or cabinet, which currently consists of nine members (including the Sultan himself as Prime Minister), perform the day-to-day administrative functions of government.Legislative branch
Under the 1959 constitution there was an elected Legislative Council , but only one electionBruneian general election, 1962
District council elections were held for the first time in Brunei on 30 and 31 August 1962. A total of 55 seats on the four district councils were contested by the Brunei People's Party , the Brunei National Organisation , the Brunei United Party and eighteen independents...
has ever been held, in 1962. Soon after that election, the assembly was dissolved following the declaration of a state of emergency, which saw the banning of the Brunei People's Party
Brunei People's Party
The Brunei People's Party is a banned political party in Brunei.PRB was established as a left leaning party in 1956 and aimed to bring Brunei into full independence from the United Kingdom...
. In 1970 the Council was changed to an appointed body by decree of the Sultan. In 2004 the Sultan announced that for the next parliament, fifteen of the 20 seats would be elected. However, no date for the election has been set.
The Legislative Council currently consists of 20 appointed members, and has only consultative powers. Although there are no elections, the following legal parties exist:
- Brunei National Solidarity PartyBrunei National Solidarity PartyThe Brunei National Solidarity Party is a political party in Brunei. Although legally registered as a political party in Brunei, it has not been able to gain electoral representation as legislative elections have not been held in Brunei since 1962.The party was registered in 1986 as the first...
(PPKB) - Brunei People's Awareness PartyBrunei People's Awareness PartyThe Brunei People's Awareness Party is a political party in Brunei. Although legally registered as a political party in Brunei, it has not been able to gain electoral representation as legislative elections have not been held in Brunei since 1962....
(PAKAR) - National Development Party (Brunei)National Development Party (Brunei)The National Development Party is a political party in Brunei. Although legally registered as a political party in Brunei, it has not been able to gain electoral representation as legislative elections have not been held in Brunei since 1968...
(NDP)
Former parties include:
- Brunei National Democratic Party (BNDP)
- Brunei People's PartyBrunei People's PartyThe Brunei People's Party is a banned political party in Brunei.PRB was established as a left leaning party in 1956 and aimed to bring Brunei into full independence from the United Kingdom...
(Parti Rakyat Brunei)
Judicial branch
Brunei has a dual legal system. The first is the system inherited from the British, similar to the ones found in India, Malaysia and Singapore. It is based on the English Common Law, but with codification of a significant part of it. The Common Law legal system covers most of the laws in Brunei.The structure of the Common Law Courts in Brunei starts with the Magistracy. There are currently less than 10 Magistrates for the country, all of whom are locals. A rung above the Magistracy is the Intermediate Courts. This was set up to be a training ground for the local. There are currently 2 Intermediate Court judges, both are locals.
The High Court currently consist of 3 Judges, 2 of whom are locals. The Chief Justice was a High Court judge from Hongkong.
There is no jury system in Brunei and a Judge or Magistrate sits alone to hear a case except for capital punishment cases where 2 High Court Judges will sit.
The Court of Appeal consists of 3 Judges, all of whom are currently retired British Judges. The Court of Appeal sits twice a year for about a month each time.
Appeals to the Privy Council in criminal cases are no longer available, whilst still retaining a very limited right of appeal to the Privy Council in civil cases.
The other system of Justice in Brunei is the Shariah Courts. It deals mainly in Muslim divorce and matters ancillary to a Muslim divorce in its civil jurisdiction and in the offenses of khalwat (close proximity) and zina (illicit sex) amongst Muslims.
The Syariah Court structure is similar to the Common Law Court structure except that it has no intermediate court and that the Court of Appeal is the final court of appeal.
All magistrates and judges both in the Common Law Courts and the Shariah Courts are appointed by the Government. All local magistrates and judges were appointed from the civil service with none thus far being appointed from the private practice.
Territorial disputes
Brunei claims territory in SarawakSarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
, such as Limbang
Limbang
Limbang is a border town and the capital of Limbang District in the Limbang Division of northern Sarawak, East Malaysia, on the island of Borneo. The division has an area of 3,978.1 square kilometers, and a population of 42,600...
, and is one of many nations to lay claim to the disputed Spratly Islands
Spratly Islands
The Spratly Islands are a group of more than 750 reefs, islets, atolls, cays and islands in the South China Sea. The archipelago lies off the coasts of the Philippines and Malaysia , about one third of the way from there to southern Vietnam. They comprise less than four square kilometers of land...
. Several small islands situated between Brunei and Labuan
Labuan
Labuan is a federal territory in East Malaysia. It is an island off the coast of the state of Sabah. Labuan's capital is Victoria and is best known as an offshore financial centre offering international financial and business services via Labuan IBFC since 1990 as well as being an offshore support...
, including Kuraman island
Kuraman island
Kuraman Island , is a small tropical island belonging to Malaysia in the South China Sea located off the coast of Federal Territory of Labuan. It is sparsely populated and is popular with expatriates, divers and those who travel between Labuan and Brunei...
, are contested between Brunei and Malaysia. However, they are internationally recognized as part of the latter.
External links
- Brunei Royalty - The Scandal of Trust & Integrity
- Government of Brunei Darussalam Official Website
- Adam Carr's Election Archive