Brunei's Governance: Understanding Its Three Branches

Brunei is an absolute monarchy, with the Sultan of Brunei serving as both the head of state and the head of government. The Sultan holds absolute executive authority and appoints the members of the legislative council and the supreme court. The legislative branch of Brunei is currently on a consultancy basis after it was dissolved in 1962, the only election held in the country. The Sultan is assisted and advised by five councils, which he appoints, and a Council of Ministers or cabinet, which currently consists of 14 members, including the Sultan himself. Brunei's judicial system is based on English common law and Islamic law, with a dual system of secular and Shariah courts.

Brunei's government is an absolute monarchy, with the Sultan as head of state and government

Brunei is an absolute monarchy, with the Sultan serving as both the head of state and the head of government. This means that the Sultan, currently Hassanal Bolkiah, holds absolute power in the country and has full executive authority. The Sultan is also the prime minister of Brunei and leads the Council of Cabinet Ministers, which carries out the day-to-day administrative functions of the government.

The monarchy in Brunei has a long history, with the country being ruled by the same family for over six centuries. The Sultan's role is deeply rooted in the nation's philosophy, known as "Melayu Islam Beraja" (MIB) or Malay Islamic Monarchy. This philosophy combines Islamic law, Malay culture, and monarchical rule. Since Brunei's independence from British rule in 1984, the Sultan has also served as the country's prime minister, minister of finance, defence, foreign affairs, and home affairs.

As the head of state, the Sultan of Brunei has the power to appoint legislative council members and the Supreme Court judges. The legislative council, currently consisting of 34 to 36 members, advises the Sultan and has consultative tasks. The Supreme Court is the highest court in the land, and its judges can serve until the age of 65. In addition to the Supreme Court, Brunei also has a Shariah court system that deals with Islamic law matters.

The Sultan's authority is further supported by the absence of national elections in Brunei, which limits legitimate political involvement and prevents opposition forces from gaining prominence. The Sultan's power is also solidified by the country's high oil revenue, which allows the government to provide extensive social services to its citizens, including free education and healthcare. This, in turn, raises the cost of protest and helps maintain stability.

In conclusion, Brunei's government is an absolute monarchy, with the Sultan, currently Hassanal Bolkiah, holding extensive power and influence over the country's political, legal, and social systems. The Sultan's role is central to the country's philosophy and governance, and Brunei's stability is closely tied to his leadership.

The Sultan appoints ministers and legislative council members

Brunei is an absolute monarchy, with the Sultan of Brunei serving as both the head of state and the head of government. The Sultan holds absolute executive authority and is responsible for appointing the legislative council members and the supreme court. The legislative council, known as the Majlis Mesyuarat Negara Brunei, plays a crucial role in the country's governance by creating laws, overseeing budgets, and voicing objections to actions taken by the executive branch.

The Legislative Council of Brunei is a unicameral legislature with 36 appointed members who hold consultative tasks only. The Sultan, as the head of state, has full executive authority, including emergency powers. The Legislative Council holds its annual meetings in March at the Legislative Council Building in Bandar Seri Begawan. The council comprises the Sultan, the Crown Prince, cabinet ministers, and three types of members: members with titles, members representing districts, and members among outstanding Bruneians.

The Sultan's power to appoint members to the Legislative Council is in accordance with Article 24 of the Brunei Constitution. The council serves as a platform for discussing and approving budgets, revenue estimates, and policies implemented by the government. It also advises the Sultan on the government's direction and passes bills and motions presented by the government and other council members. The council follows the practices of other Commonwealth parliaments, with all bills undergoing three readings and requiring prior approval from the Cabinet before being presented to the council.

The Sultan's authority to appoint legislative council members is a key aspect of Brunei's political system, allowing the Sultan to retain a strong position in the country's governance. The lack of national elections in Brunei further contributes to the concentration of power in the hands of the Sultan and the ruling monarchy. This unique political structure, where the Sultan holds both religious and administrative authority, has resulted in a stable dictatorship that provides extensive social services to its population.

Brunei has a dual legal system, with a common law system and Shariah courts

The Shariah courts in Brunei deal with Muslim divorce and matters ancillary to a Muslim divorce, as well as offences such as khalwat (close proximity) and zina (adultery) amongst Muslims. The Shariah court structure is similar to the common law court structure, except that it lacks an intermediate court and has the Court of Appeal as its final court of appeal.

In 2014, Brunei expanded the jurisdiction of the Shariah courts to include criminal cases, with the introduction of the Syariah Penal Code Order 2013. This means that Brunei now has a criminal justice system that allows for both the existing Penal Code Chapter 22 and the Syariah Penal Code Order 2013 to be in force. The Shariah courts can now hear cases involving serious crimes like murder, rape and theft, which were previously handled by civil courts.

The Shariah courts, also known as Syariah or Islamic law courts, are based on Shāfiʿī jurisprudence and can appeal to the country's Religious Council. When first introduced, the Shariah courts' jurisdiction was limited to personal or family matters, such as marriage, divorce, inheritance, maintenance of dependents and the estates of deceased Muslims. With the expansion of their jurisdiction to criminal cases, Shariah law now takes precedence over civil law for Muslims in many instances.

Brunei has a Legislative Council with limited powers, which is advised by the Privy Council

Brunei's Legislative Council has limited powers and is advised by the Privy Council. The Legislative Council is a national unicameral legislature with 36 appointed members that only has consultative tasks. It was established in 1959 by Article 23 of Brunei's Constitution and is tasked with creating laws, overseeing budgets, and voicing objections to actions taken by the executive branch. The council comprises the Sultan, the Crown Prince, cabinet ministers, and three types of members: members with titles, members representing districts, and members among outstanding Bruneians. The council has no political authority and its members are appointed by the Sultan, who also holds absolute executive authority.

The Privy Council, also established in 1959, is a formal body of advisers to the monarch of Brunei. It advises the Sultan on the three branches of government: the executive, judicial, and legislative. The Privy Council is made up of members of the royal family and senior government officials. The council provides advice on matters such as the exercise of authority of mercy, the amendment or revocation of constitutional provisions, and the conferring of Malay customary ranks, titles, and honours. The Privy Council also performs functions such as proclaiming a succession of regency.

The Legislative Council and the Privy Council work together to advise the Sultan and ensure the smooth functioning of Brunei's government. While the Legislative Council has limited powers, it plays a significant role in the country's political process by providing a platform for discussion and approval of budgets, policies, and bills. The Privy Council, on the other hand, offers advice and guidance to the Sultan on various matters, ensuring that the monarch's decisions are well-informed and aligned with the country's Malay Islamic Monarchy (MIB) philosophy.

The relationship between the Legislative Council and the Privy Council reflects the unique political system of Brunei, which is an absolute monarchy or sultanate. The Sultan wields significant power and influence, but the presence of these councils provides a degree of checks and balances. The Legislative Council, despite its limited powers, provides a forum for discussion and approval of certain matters, while the Privy Council offers advice and guidance to the Sultan, ensuring a more informed and balanced decision-making process.

Brunei's judicial system is based on English common law

Brunei's judicial system is a mix of English common law and Islamic law. The country's legal system is based on the English common law system, which was inherited from British rule, similar to the systems found in India, Malaysia and Singapore.

The English common law system covers most of Brunei's laws. The structure of the common law courts in Brunei starts with the magistracy, which is the lowest rung of the judicial system. There are currently fewer than 10 magistrates for the country, all of whom are locals. Above the magistracy are the intermediate courts, which serve as a training ground for locals. There are currently two intermediate court judges, both locals. The High Court of the Supreme Court comes next and consists of three judges, two of whom are locals. The Chief Justice is a High Court Judge from Hong Kong.

Brunei has no jury system; a judge or magistrate sits alone to hear a case, except for capital punishment cases, where two High Court judges preside. The Court of Appeal of the Supreme Court is comprised of three judges, all of whom are currently retired British judges. This court sits twice a year for about a month each time.

In addition to the English common law system, Brunei also has a parallel Syariah law system for Muslims, which takes precedence over common law in areas such as family and property law. The Syariah courts deal mainly with Muslim divorce and matters ancillary to a Muslim divorce in its civil jurisdiction, and in the offences of khalwat (close proximity) and zina (adultery) among Muslims. The Syariah court structure mirrors the common law court structure, except it has no intermediate court, and the Court of Appeal is the final court of appeal.

The full sharia penal codes came into force in April 2019 and apply to Muslims and non-Muslims in parallel with the present common law codes. In 2014, Brunei began to phase in Syariah for criminal cases, marking a significant expansion of the jurisdiction of the Syariah courts, which were previously restricted to Muslim personal law cases.

Frequently asked questions