The Government of Brunei Darussalam is the union government created by the
constitution of Brunei
The Constitution of Brunei Darussalam was created in 1959. Ultimate authority rests with the Sultan, who is both head of state and head of government. In 2004 the Sultan approved a number of amendments to the constitution, including provision for a ...
where by the
Sultan of Brunei
The sultan of Brunei is the monarchical head of state of Brunei and head of government in his capacity as prime minister of Brunei. Since independence from the British in 1984, only one sultan has reigned, though the royal institution dates bac ...
is both
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
and
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
(
Prime Minister of Brunei
The prime minister of Brunei ( ms, Perdana Menteri Negara Brunei Darussalam) is the head of government of Brunei. Concurrently, the title is held by the sultan of Brunei, who is also the head of state of the country.[Executive power
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state.
In political systems ba ...]
is exercised by the government. Brunei has a
legislative council with 36 appointed members, that only has consultative tasks. Under Brunei's 1959
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, His Majesty
Hassanal Bolkiah
Hassanal Bolkiah ibni Omar Ali Saifuddien III ( Jawi: ; born 15 July 1946) is the 29th and current Sultan and Yang di-Pertuan of Brunei since 1967 and the Prime Minister of Brunei since independence from the United Kingdom in 1984. He is one ...
, is the
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
with full executive authority, including emergency powers since 1962. The Sultan's role is enshrined in the national philosophy known as "
Melayu Islam Beraja
(abbreviated as MIB; Jawi: ملايو اسلام براج; en, Malay Islamic Monarchy) was officially proclaimed as the national philosophy of Brunei on the day of its independence on 1 January 1984 by Sultan Hassanal Bolkiah.
MIB is describe ...
" (MIB), or
Malay
Malay may refer to:
Languages
* Malay language or Bahasa Melayu, a major Austronesian language spoken in Indonesia, Malaysia, Brunei and Singapore
** History of the Malay language, the Malay language from the 4th to the 14th century
** Indonesi ...
Islamic
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the mai ...
Monarchy
A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy) ...
. The country has been under hypothetical
martial law
Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory.
Use
Marti ...
since a
rebellion
Rebellion, uprising, or insurrection is a refusal of obedience or order. It refers to the open resistance against the orders of an established authority.
A rebellion originates from a sentiment of indignation and disapproval of a situation and ...
occurred in the early 1960s and was put down by
British
British may refer to:
Peoples, culture, and language
* British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies.
** Britishness, the British identity and common culture
* British English, ...
troops from
Singapore
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...
. The Seat of the Government is located in
Bandar Seri Begawan
Bandar Seri Begawan (BSB; Jawi: بندر سري بڬاوان; ) is the capital city of Brunei. It is officially a municipal area () with an area of and an estimated population of 100,700 as of 2007. It is part of Brunei-Muara District, the sm ...
,
Brunei
Brunei ( , ), formally Brunei Darussalam ( ms, Negara Brunei Darussalam, Jawi alphabet, Jawi: , ), is a country located on the north coast of the island of Borneo in Southeast Asia. Apart from its South China Sea coast, it is completely sur ...
.
Executive branch
The
Sultan
Sultan (; ar, سلطان ', ) is a position with several historical meanings. Originally, it was an Arabic abstract noun meaning "strength", "authority", "rulership", derived from the verbal noun ', meaning "authority" or "power". Later, it ...
is the
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
and
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
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
A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/ shire level, but most legislative bodies at the state/provincial or nati ...
and the
Legislative Council.
Privy Council
According to the Constitution, the Privy Council advises the Sultan in the 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
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
. 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.
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 ( ms, Majlis Mesyuarat Negera), but only
one election 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 (Malay: ''Parti Rakyat Brunei, PRB'') 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. The party sought ...
. 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, 15 of the 20 seats would be elected. However, no date for the election has been set.
Since 13 January 2017, the Council has 33 members, including 13 cabinet ministers.
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
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, bee ...
, 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 two intermediate court judges, both are locals.
The High Court of the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
currently consist of three judges, two of whom are locals. The Chief Justice is a
High Court of Hong Kong
The High Court of the Hong Kong Special Administrative Region is a part of the legal system of Hong Kong. It consists of the Court of Appeal and the Court of First Instance; it deals with criminal and civil cases which have risen beyond th ...
judge.
There is no jury system in Brunei; a judge or magistrate sits alone to hear a case except for capital punishment cases where two High Court judges will sit.
The Court of Appeal of the Supreme Court consists of three 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
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
in the United Kingdom in criminal cases are no longer available, whilst still retaining a very limited right of appeal to the J.C.P.C. 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 offences of ''khalwat'' (close proximity) and ''zina'' (adultery) amongst Muslims.
The shariah 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 in both 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 private practice.
Territorial disputes
The sovereignty of the Territory of
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. This district area is 3,978.10 square kilometres, and population (year 2020 census) was 56,900. I ...
has been an ongoing issue between Brunei and Malaysia. It was reported in 2009 that a solution "was achieved between the two governments, when Brunei dropped all claims to Limbang, thus recognising it as a Malaysian territory". These reports, however, were dismissed by Brunei's former second minister of Foreign Affairs and Trade on 18 March 2009, who clarified that the claim on Limbang was never discussed
ith Malaysia What was discussed between both countries was the demarcation of land boundaries on the whole.
''News''
Sultanate News Service
Brunei is one of many nations that lay claim to the disputed Spratly Islands
The Spratly Islands ( fil, Kapuluan ng Kalayaan; zh, c=南沙群島/南沙群岛, s=, t=, p=Nánshā Qúndǎo; Malay, id, Kepulauan Spratly; vi, Quần đảo Trường Sa) are a disputed archipelago in the South China Sea. Composed o ...
, several small islands situated between Brunei and Labuan
Labuan (), officially the Federal Territory of Labuan ( ms, Wilayah Persekutuan Labuan), is a Federal Territory of Malaysia. Its territory includes and six smaller islands, off the coast of the state of Sabah in East Malaysia. Labuan's capit ...
, Malaysia which include Kuraman island
Kuraman Island ( ms, Pulau Kuraman), alternative name Keraman Island, is an outlying island in the Federal Territory of Labuan, Malaysia located on the northern mouth of Brunei Bay. It is sparsely populated and is popular with expatriates, dive ...
. They are contested between Brunei and Malaysia, but are internationally recognised as part of the latter.
See also
* Culture of Brunei
The culture of Brunei is strongly influenced by Malay cultures and the Islam. The culture is also influenced by the demographic makeup of the country: more than two-thirds of the population are Malay, and the remainder consists of Chinese, Indi ...
* Politics of Brunei
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 (Prime Minister of Brunei). Executive power is exercised by the government. Brunei has a leg ...
References
External links
official website
{{Authority control
Government of Brunei