Privy Council (Brunei)
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The Privy Council () is a formal body of advisers to the
monarch A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
of
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 ...
. When His Majesty appoints people to posts with traditional ranks, titles, and honors, the council provides advice. The council was established in 1959 in accordance with Brunei's
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 ...
and are in charge of advising His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam on the three branches of government which are the executive, judicial, and legislative, even though they have separate powers. This is in keeping with the
Malay Islamic Monarchy (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 described ...
(MIB) philosophy of the country.


Membership

According to the Brunei Constitutional documents, a Privy Council that is constituted in conformity with Part IV's rules must be established. Each Appointed Member of the council shall serve at the pleasure of His Majesty the Sultan and Yang Di-Pertuan for the term and under the conditions set forth in the Instrument appointing him, and subject to such terms. Moreover, the council members should be consisted of: * The Deputy Sultan and Yang Di-Pertuan should be notified if such a selection has been made. * If a Council of Regency has been appointed, the Regents * Ex-officio members include the Yang Di-Pertua Adat Istiadat, the Perdana Wazir, the Wazirs, Members of the Council of Ministers, State Mufti, Chief Syar'ie Judge,
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
, and any other official that His Majesty the Sultan and Yang Di-Pertuan may from time to time designate by proclamation in the
Gazette A gazette is an official journal, a newspaper of record, or simply a newspaper. In English and French speaking countries, newspaper publishers have applied the name ''Gazette'' since the 17th century; today, numerous weekly and daily newspapers ...
. * Any more individuals that His Majesty the Sultan and Yang Di-Pertuan may nominate by instrument bearing the State Emblem are referred to as Appointed Members. Before beginning his duties, each member of the council must take, make, and complete to an
oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to ...
or declaration in the form specified as Form I in the First Schedule before His Majesty the Sultan and Yang Di-Pertuan, or, if a Council of Regency has been appointed, before the senior male
Regent A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...
, or before such other person as His Majesty the Sultan and Yang Di-Pertuan or, as the case may be, the senior male Regent may designate.


Functions

As of 2008, His Majesty the Sultan and Yang Di-Pertuan has granted the Privy Council the duty to advice His Majesty in connection with the exercise of His Majesty's powers under Clause (1) of Article 9 of the Constitution of Brunei Darussalam. This is done in accordance with the Constitution of Brunei Darussalam (Suspension) Order, 2006. The functions of the council include: * The person awarded the distinction is awarded a diploma of the prescribed
A4 format A4 most often refers to: *A4 paper, a paper size defined by the ISO 216 standard, measuring 210 × 297 mm A4 and variants may also refer to: Science and mathematics * British NVC community A4 (''Hydrocharis morsus-ranae - Stratiotes aloide ...
along with the distinction.* The person awarded the distinction is awarded a diploma of the prescribed
A4 format A4 most often refers to: *A4 paper, a paper size defined by the ISO 216 standard, measuring 210 × 297 mm A4 and variants may also refer to: Science and mathematics * British NVC community A4 (''Hydrocharis morsus-ranae - Stratiotes aloide ...
along with the distinction.* The person awarded the distinction is awarded a diploma of the prescribed
A4 format A4 most often refers to: *A4 paper, a paper size defined by the ISO 216 standard, measuring 210 × 297 mm A4 and variants may also refer to: Science and mathematics * British NVC community A4 (''Hydrocharis morsus-ranae - Stratiotes aloide ...
along with the distinction. Additionally, every Privy Council proceedings must be recorded in minutes. The Clerk to the council shall be appointed by His Majesty the Sultan and Yang Di-Pertuan, and prior to performing the duties of his office, the Clerk shall take and subscribe an oath in the form specified as Form II in the First Schedule before His Majesty the Sultan and Yang Di-Pertuan or the senior male Regent, as applicable. The council may signify the use of any authority granted to it or the performance of any act or item by it under the Clerk to the council's hand, subject to any established laws. The advice of the Privy Council is not required to be followed when making decisions by His Majesty the Sultan and Yang Di-Pertuan.


Procedure


Summoning

If a Council of Regency has been appointed, the senior male Regent may summon the Privy Council; otherwise, if His Majesty the Sultan and Yang Di-Pertuan are not in Brunei Darussalam and a Council of Regency has not been appointed, the Perdana Wazir may summon the council. When less than one-third of the council's members are present (aside from His Majesty the Sultan and Yang Di-Pertuan or the other person presiding), and if His Majesty the Sultan and Yang Di-Pertuan or the other person presiding has objected to the transaction of business on that basis, no business may be transacted at any Privy Council meeting. For the purposes of this clause, the council's membership shall be regarded to be the next highest multiple of three if the number of members is not a multiple of three. Any Privy Council sessions and any related decisions made by that council are lawful despite the participation of anyone who was not authorized to do so.


Chairing

Insofar as is practical, His Majesty the Sultan and Yang Di-Pertuan will preside over Privy Council meetings. The person who will preside in His Majesty the Sultan and Yang Di-Pertuan's absence's will be in the order listed below. * In the absence of a Deputy Sultan and Yang Di-Pertuan and a Council of Regent, the senior male Regent shall preside. * In the absence of a Deputy Sultan and Yang Di-Pertuan and a Council of Regent, such Member of the Privy Council as His Majesty the Sultan and Yang Di-Pertuan may appoint. * In the absence of such Member or where no such Member has been appointed, the Perdana Wazir.


Current members

As of 18 July 2022, the members are:


See also

*
Government of Brunei The Government of Brunei Darussalam is the union government created by the constitution of Brunei where by the Sultan of Brunei is both head of state and head of government (Prime Minister of Brunei). Executive power is exercised by the governme ...
* Council of Cabinet Ministers


References

{{Brunei topics Government of Brunei 1959 establishments in Brunei