The 1959 Constitution
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.
