Brunei's Political System: Democracy Or Absolute Monarchy?

Brunei is an absolute monarchy, with the Sultan of Brunei serving as both the head of state and the head of government. The Sultan is also the Prime Minister, Minister of Defence, Minister of Finance, and Minister of Foreign Affairs and Trade. Since 1962, Brunei has been ruled under a State of Emergency, which is renewed every two years and allows the Sultan to retain absolute authority. The Legislative Council, composed of appointed, indirectly elected, and ex officio members, has a purely consultative role in recommending and approving legislation and budgets. Brunei has not conducted direct parliamentary elections since 1962, limiting legitimate political involvement and preventing opposition forces from gaining prominence. The country's only registered political party, the National Development Party, has pledged to cooperate with the government and swear allegiance to the monarch.

Brunei is an absolute monarchy

The sultan holds absolute power in the state for administrative purposes. As the ruler of Islam, he does not wield all of the authority by himself. Since 1962, Brunei has had a state of emergency that is renewed every two years, during which time the Sultan retains absolute authority. The sultan possesses wide legislative powers, and during a State of Emergency, he may pass any legislation he deems fit by Emergency Order. There is no judicial review of his actions.

The Legislative Council, composed of appointed, indirectly elected, and ex officio members, exercises a purely consultative role in recommending and approving legislation and budgets. The sultan appoints the council's members, and the unicameral body has no political authority. Since 1962, Brunei has not conducted direct parliamentary elections. Village-level councils are elected and have a consultative function; nevertheless, the government screens the candidates.

Brunei is the only ruling monarchy in Southeast Asia and is one of seven monarchic dictatorships in the world.

The Sultan of Brunei is both head of state and head of government

Brunei is an absolute monarchy, with the Sultan of Brunei as both head of state and head of government. The Sultan is the King, Prime Minister, and Minister of Defence, Finance, Foreign Affairs, and Trade. He is also the official 'guardian and protector' of Islam and tradition in Brunei. The country has been ruled by the Sultan since 1967, and since 1962, the country has been under a state of emergency, which is renewed every two years. During this time, the Sultan holds absolute authority and can pass any legislation he deems fit.

The Sultan is supported by a Council of Ministers, or cabinet, which carries out the day-to-day administrative functions of the government. This council consists of nine members, including the Sultan as Prime Minister. The primary duty of this council is to advise the Sultan on matters of national administration, including policy approval. The Sultan also leads four additional advisory councils: the Religious Council, the Privy Council, the Council of Succession, and the Legislative Council.

The Legislative Council, or Majlis Mesyuarat Negara Brunei, is a unicameral body with no political authority. It has 33 members, including 13 cabinet ministers, 20 members appointed by the Sultan, and 10 official members. This council has the power to create laws, oversee budgets, and object to actions taken by the executive branch. However, it has no independent authority and must answer to the government. The Legislative Council meets once a year for a two-week session.

The lack of national elections in Brunei limits legitimate political involvement and prevents opposition forces from gaining prominence, allowing the Sultan to retain his position of power. Social movements offer restricted channels for contesting unpopular policies, but racial and religious minorities have little chance to get involved in politics, even locally.

Brunei has a state of emergency in place since 1962

Brunei has been under a state of emergency since 1962, allowing the Sultan to rule with few limitations on his authority. The state of emergency has been renewed every two years, with the most recent renewal in 2018.

The Sultan's powers are broad and include the ability to pass any legislation deemed expedient by emergency order, with no judicial review of his actions. This has effectively placed Brunei under martial law since 1962. The Sultan is also the head of state and government, as well as the Prime Minister, Minister of Defence, Minister of Finance, and Minister of Foreign Affairs and Trade.

The state of emergency was first declared following a small armed rebellion against the monarchy in 1962, which was indirectly related to the Indonesia-Malaysia confrontation. With British assistance, the rebellion was suppressed, and the pro-independence Brunei People's Party was banned. The revolt influenced the Sultan's decision to maintain Brunei's independence and not join the Malaysian Federation.

Since gaining independence in 1984, Brunei has operated as a constitutional monarchy, with the Sultan as the absolute monarch. The country's unicameral legislature, the Legislative Council, is consultative and has no political authority. All members of the council are appointed by the Sultan, and there have been no direct parliamentary elections since 1962. The lack of national elections limits legitimate political involvement and prevents opposition forces from gaining prominence.

The Sultan's extensive powers have been justified through the national philosophy of Melayu Islam Beraja (MIB), which combines Islamic law, Malay culture, and monarchical rule. High oil revenues have also enabled Brunei to provide extensive social services to its population, including free education and healthcare, which has helped maintain regime stability and legitimacy.

Brunei has a mixed legal system based on English common law and Islamic law

Brunei's legal system is a mix of English common law and Islamic law. The former was inherited from British rule, which lasted from 1888 until the end of World War II, and again from 1945 to 1959. The latter is based on the country's status as an Islamic Sultanate.

The English common law system in Brunei is based on the laws administered in England before 25 April 1951, although local circumstances and customs may qualify its implementation. This system covers mercantile activities and disputes between persons. The courts that adjudicate these cases are generally referred to as Civil Courts and have exclusive jurisdiction over all civil and criminal cases in the country.

The Islamic law system, or Syariah law, previously only covered matters of personal law for Muslims, such as marriage, divorce, inheritance, and the estates of deceased Muslims. However, since the introduction of the Syariah Penal Code Order in 2013, Syariah law now also covers criminal cases, including murder, rape, and theft. These cases were previously handled by civil criminal courts. The Syariah Penal Code came into full force in April 2019 and applies to both Muslims and non-Muslims.

The secular and sharia judicial systems operate in parallel in Brunei. While the sultan is the head of state and government, the two systems fall administratively under the Prime Minister's Office, which is run by the sultan as prime minister and the crown prince as senior minister.

Brunei has a dual judicial system of secular and sharia (religious) courts

The secular court system is based on British common law and consists of the Supreme Court, which is made up of the Court of Appeal and the High Court, and subordinate courts such as the Intermediate Court, Magistrates' Courts, Juvenile Court, and small claims courts. The Supreme Court judges are appointed by the monarch and serve until the age of 65, or longer if approved by the monarch.

The Sharia Court system consists of the Court of Appeals and the High Court. The Sharia Court judges are appointed by the monarch for life.

The sharia courts have jurisdiction over personal law cases and serious crimes such as murder, rape, and theft, which were previously handled by civil courts. The sharia courts can try both Muslims and non-Muslims, and their decisions are final for civil cases.

The sultan, who is the head of state and government, has wide legislative powers and can pass any legislation during a State of Emergency. There is no judicial review of his actions. The sultan's powers are subject to the 1959 Brunei Constitution, which established five councils: the Religious Council, the Privy Council, the Executive Council, the Legislative Council, and the Council of Succession. The sultan is the head of the Executive Council, which reviews all executive subjects and those scheduled for presentation at Legislative Council sessions.

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