Countries of the World/COUNTRYS.BIN/dp/0057/00579.txt

Text File | 1991-06-24 | 12KB | 224 lines

$Unique_ID{COW00579}
$Pretitle{406}
$Title{Brunei Darrussalam
Part 2.  The Constitution}
$Subtitle{}
$Author{Embassy of Brunei Darussalam, Washington DC}
$Affiliation{Embassy of Brunei Darussalam, Washington DC}
$Subject{constitution
council
sultan
brunei
government
majesty
state
system
minister
cabinet}
$Date{1988}
$Log{}
Country:     Brunei Darrussalam
Book:        Brunei Darussalam in Profile
Author:      Embassy of Brunei Darussalam, Washington DC
Affiliation: Embassy of Brunei Darussalam, Washington DC
Date:        1988

Part 2.  The Constitution

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 additional 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 11 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 on constitutional matters concerning
the Royal Prerogative of Mercy and the award of honours.

     Brunei has a hereditary nobility who are designated with the title
Pengiran, and The Sultan can award to commoners the title of Pehin - the
equivalent of a life peerage awarded in the United Kingdom. The Sultan can
also award the title Dato to subjects, the equivalent of a knighthood in the
United Kingdom, and Datin, the equivalent of a damehood.

     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 proclamations.

     The Council of Succession determines the succession to 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
occasions. The Royal Palaces, for example, are thrown open to all subjects and
visitors on the feast days of Hari Raya Aidilfitri.

     His Majesty The Sultan and Yang Di-Pertuan summarised his relationship
with his people and the important constituent role this plays in Malay Islamic
Monarchy in a keynote speech to celebrate National Day in February 1987.

     "With the existence of a capable, effective, clean, honest and accessible
administration my Government would be able to hear and overcome whatever
complaints and difficulties might be faced by the people of Brunei Darussalam.
It is my hope that these channels would be used without hesitation by the
people to air the problems and difficulties they face. They should not
complain to those who have nothing to do with the administration who might use
such complaints for their own personal gain," he said.

     Although two political parties exist in Brunei (one has been dissolved
under the Societies Act), the view within the country is that such parties do
not fit into the national experience or political framework. The trauma of an
armed rebellion organised from outside the country in 1962 has played a large
part in reinforcing this tradition. The reciprocity outlined above has meant
that the people of Brunei Darussalam are able to communicate directly to the
Government and to the Monarch without political intermediaries.

     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. Louis XIV of France's
dictum "L'eetat, c'est moi" (I am the State) is quite alien to the tradition
of Brunei's Islamic Monarchy. In particular, this means that there is a
distinction between the State's investments and property, and that belonging
personally to His Majesty and the Royal Family.

     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 foregoing description, 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 coup in 1962, certain
provisions of the Constitution, in particular relating to elections and the
Legislative Council, were amended. The Legislative Council was from time to
time re-constituted until it was suspended