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The politics of Brunei take place in a framework of an absolute monarchy, whereby 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 is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 "
he head of state He or HE may refer to: Language * He (letter), the fifth letter of the Semitic abjads * He (pronoun), a pronoun in Modern English * He (kana), one of the Japanese kana (へ in hiragana and ヘ in katakana) * Ge (Cyrillic), a Cyrillic letter cal ...
being an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
and
head of government In the Executive (government), executive branch, the head of government is the highest or the second-highest official of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presid ...
. Brunei is the only ruling state with an absolute monarchy in
Southeast Asia Southeast Asia is the geographical United Nations geoscheme for Asia#South-eastern Asia, southeastern region of Asia, consisting of the regions that are situated south of China, east of the Indian subcontinent, and northwest of the Mainland Au ...
. As of 2023, Brunei is one of seven monarchic dictatorships in the world.


History

British rule over the Sultanate of Brunei was in place from 1888 until the Japanese occupied the region during
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, and then it returned to British rule in 1945. With Britain in charge of military and international affairs, Brunei attained self-government in 1959 and complete independence in January 1984 as a result of the 1979 Treaty of Friendship and Cooperation. Since gaining its independence, Brunei has operated as a
constitutional monarchy Constitutional monarchy, also known as limited monarchy, parliamentary monarchy or democratic monarchy, is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in making decisions. ...
under the auspices of the Melayu Islam Beraja (MIB) state
philosophy Philosophy ('love of wisdom' in Ancient Greek) is a systematic study of general and fundamental questions concerning topics like existence, reason, knowledge, Value (ethics and social sciences), value, mind, and language. It is a rational an ...
, which combines
Islamic law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...
,
Malay culture Malays ( ; , Jawi: ) are an Austronesian ethnoreligious group native to eastern Sumatra, the Malay Peninsula and coastal Borneo, as well as the smaller islands that lie between these locations. These locations are today part of the countries ...
, and monarchical rule.


The Sultan

Prior to the independence of Brunei, the state is subject to by the 1959 Brunei Constitution as a British protected state. The Sultan holds absolute power in the state for administrative purposes. As the ruler of
Islam Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...
, he does not wield all of the authority by himself. Since 1962, Brunei has had a
state of emergency A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...
that is renewed every two years, during which time the Sultan retains absolute authority. When Brunei regained full independence on 1 January 1984, the Sultan became
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
,
minister of finance A ministry of finance is a ministry or other government agency in charge of government finance, fiscal policy, and financial regulation. It is headed by a finance minister, an executive or cabinet position . A ministry of finance's portfolio ...
, defence,
foreign Foreign may refer to: Government * Foreign policy, how a country interacts with other countries * Ministry of Foreign Affairs, in many countries ** Foreign Office, a department of the UK government ** Foreign office and foreign minister * United S ...
and
home affairs An interior ministry or ministry of the interior (also called ministry of home affairs or ministry of internal affairs) is a Ministry (government department), government department that is responsible for domestic policy, public security and law e ...
, leading a six-member government. In October 1986, he appointed additional ministers for finance and home affairs, expanding the cabinet to eleven members. A 1988 cabinet change promoted the deputy minister to a full minister and established the Ministry of Industry and Primary Resources to promote national growth.


Political conditions

About half of monarchic dictators suffer serious consequences such as death and imprisonment, Brunei is lauded as one of the most stable dictatorships. Due to their rarity, the outcomes of monarchic dictatorships are not well studied and through
preference falsification Preference falsification is the act of misrepresenting a preference under perceived public pressure. It involves the selection of a publicly expressed preference that differs from the underlying privately held preference (or simply, a public prefer ...
, contentment with the Bruneian sultan and government may be overestimated, but up to this point, there are no known organized or small-scale efforts against the ruling government. Due to high oil revenue, Brunei has been able to provide extensive social services to its population, including free education and health care. Welfare provision is a strong method for the Bruneian regime to exercise nonviolent political control, as citizens are reliant on the state both for employment and social services. Brunei’s exhaustive provision of welfare raises the cost of protest and constitutes a means to maintain credible commitment. Brunei derives regime stability and legitimacy from a combination of welfare and religious authority through the national philosophy of Melayu Islam Beraja.


Executive

Prior to the independence of Brunei, the state is subject to by the 1959 Brunei Constitution as a British protected state. Sultan
Omar Ali Saifuddien III Omar Ali Saifuddien Sa'adul Khairi Waddien (Jawi script, Jawi: ; 23 September 1914 – 7 September 1986) was the 28th Sultan of Brunei, reigning from 1950 until his abdication in 1967 to his oldest son, Hassanal Bolkiah. Over the course of his ...
established five councils—the Religious Council, the Privy Council, the Executive Council, the
Legislative Council A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the Brit ...
, and the Council of Succession—in accordance with the 1959 Brunei Constitution. The Sultan's judicial powers are within the
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
of the Judiciary, an independent authority.


Executive Council

According to the constitution, all executive subjects and those scheduled for presentation at Legislative Council sessions are reviewed by the Executive Council. Eleven people make up this group: the High Commissioner, six
ex-officio An ''ex officio'' member is a member of a body (notably a board, committee, or council) who is part of it by virtue of holding another office. The term ''List of Latin phrases (E)#ex officio, ex officio'' is Latin, meaning literally 'from the off ...
members, and four unofficial members who are also Legislative Council members by appointment. The Sultan serves as its head.


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 constitution states that, in the event that it becomes necessary, the council will decide who will succeed to the throne. In charge of it is '' Duli Pengiran Bendahara''. The cheterias, four menteris, six members of the Religious Council, and every Malay member of the Executive Council make up its membership.


Religious Council

The Religious Council counsels the Sultan on all subjects pertaining to Islam in his function as the Head of the Islamic Faith. The State Religious Affairs Officer serves as
chairman The chair, also chairman, chairwoman, or chairperson, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the gro ...
or
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
. Members of the council include
government ministers A minister is a politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the ' prime minister', ' p ...
, a pengiran cheteria, pehin manteris, state mufti, the
attorney general In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
, the syarie chief justice and additional members appointed by the Sultan.


Council of Cabinet Ministers

A council of ministers, or cabinet consists of nine members (including the sultan, as prime minister), perform the day-to-day administrative functions of government. In addition to developing and distributing working documents to the Cabinet Ministers' Council members, the primary duty is to advise the Sultan on matters of national administration, including policy approval.


Legislative

The Legislative Council () is empowered by the constitution to create laws, oversee budgets, and voice objections to actions taken by the executive branch. The speaker is in charge of it when it convenes in public. Ten official members, nineteen unofficial members, and six ex-officio members make up this council. The sultan appoints the council's members, and the unicameral body has no political authority. Since
1962 The year saw the Cuban Missile Crisis, which is often considered the closest the world came to a Nuclear warfare, nuclear confrontation during the Cold War. Events January * January 1 – Samoa, Western Samoa becomes independent from Ne ...
, Brunei has not conducted direct parliamentary elections. Village-level councils are elected and have a consultative function; nevertheless, the government screens the candidates. The appointed Legislative Council questions and answers with government representatives and formally approves the state budget, while having no independent authority. The council convenes once a year for a roughly two-week session. Nonetheless, the Bruneian government's activities generally lack transparency. 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.


Political parties

The lack of national elections in Brunei limits legitimate political involvement and keeps opposition forces from rising to prominence, allowing the Sultan to retain his position of power. Social movements offer restricted channels for contesting unpopular policies; yet, racial and religious minorities have little chances to get involved in politics, even locally. Although there are no elections, the following legal party exists: * National Development Party (; NDP) was allowed to register in 2005; it is the only party that has done so after promising to cooperate with the government and to swear allegiance to the monarch. Former parties include: * Youth Front (; BARIP) was the first political party of Brunei, active from 1946–1948. * Brunei People's Independence Party (; BAKER) was active from 1966 to 1985. * Brunei National Solidarity Party (; PPKB) was abruptly removed in 2007. * Brunei National Democratic Party (; PKDB) was de-registered in 2008. * Brunei People's Awareness Party (; PAKAR) was de-registered in 2007–2008. * Brunei People's Party (; PRB) was banned in 1962.


Judiciary

Brunei founded by 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. The judiciary is independent, and legal principles like fairness, equality bef ...
, and must abide by the same equity doctrines and general application legislation as of 25 April 1951, according to the Application of Laws Act Chapter 2. Only to the extent permitted by regional conditions and customs are these laws implemented. English common law-based contract law and equity concepts are codified in the Contracts Act Chapter 106 and the Specific Relief Act Chapter 109. The magistrate's courts make up the subordinate court, while the high court and the
court of appeals An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellat ...
compose the
supreme court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
. The court of appeal, the last court of appeal in criminal matters, hears appeals. Nonetheless, in civil disputes, the UK's Privy Council may hear appeals. The Sultan appoints judges to three-year tenure. Alongside the supreme court, a
Syariah court Syariah ( Jawi: , the Malay spelling of "Sharia") refers to sharia law in Islamic religious law and deals with exclusively Islamic laws, having jurisdiction upon every Muslim in Malaysia. The Syariah Court system is one of the two separate cou ...
adjudicates cases pertaining to
Islamic law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...
. In many locations, Syariah Law takes precedence over civil law for
Muslims Muslims () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...
. The intermediate court was founded in 1991 and has broad authority in both civil and
criminal case Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
s, albeit it does not handle
capital case Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...
s. Brunei's Syariah courts now have more jurisdiction thanks to the introduction of the Syariah Penal Code Order 2013 in April 2014. These courts, which were formerly restricted to Muslim personal law cases, are now able to hear cases involving serious crimes like
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
,
rape Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
, and
theft Theft (, cognate to ) is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shor ...
that were previously handled by civil courts. As a result, the new Syariah Penal Code Order 2013 and the current Penal Code Chapter 22 both govern Brunei's criminal justice system.


See also

*
Government of Brunei The Government of Brunei 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 government. Brune ...
*
List of sultans 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 United Kingdom, British in 1984, only one sultan has reigned, though the royal instit ...


References


External links


Government of Brunei Darussalam official website
{{Brunei topics bn:ব্রুনাই#রাজনীতি