Constitution of Brunei

Constitution of Brunei Perlembagaan Negeri Brunei
Constitution of Brunei printed on the Brunei History Centre wall
Overview
Jurisdiction	Brunei
Ratified	29 September 1959
System	Melayu Islam Beraja
Government structure
Branches	Three (executive, legislative and judiciary)
Head of state	Sultan of Brunei
Last amended	1984
Signatories	Sultan Omar Ali Saifuddien III and Sir Robert Heatlie Scott
Full text
Constitution of Brunei at Wikisource

The Constitution of Brunei, officially Constitution of the State of Brunei (Malay: Perlembagaan Negeri Brunei; Jawi: ڤرلمباݢاءن نڬري بروني), was created in 1959.^[1] Ultimate authority rests with the Sultan, who is both head of state and head of government. In 2004 the Sultan approved a number of amendments to the constitution, including provision for a partially elected Legislative Council. As of 31 December 2018^[update], elections had not been held.^[2]

Brunei's political system is governed by the constitution and the national tradition of the Malay Islamic Monarchy (Melayu Islam Beraja; MIB). The three components of MIB cover Malay culture, Islamic religion, and the political framework under the monarchy.^[3] It has a legal system based on English common law, although Islamic law (shariah) supersedes this in some cases.^[4] Brunei has a parliament but there are no elections; the last election was held in 1962.^[5]

Under Brunei's 1959 constitution, the Sultan is the head of state with full executive authority. Since the 1962 Brunei revolt, this authority has included emergency powers, which are renewed every two years, as well as the imposition of martial law.^[6] The current Sultan, Hassanal Bolkiah, also serves as the state's prime minister, finance minister and defence minister.^[7]

History

Main article: Constitutional history of Brunei

It took almost six years to design the 1959 Constitution of Brunei before an agreement was reached with the British government. The creation of the Tujuh Serangkai ("seven branches"), a constitutional committee, and the signing of the agreement on 29 September 1959, followed a roughly three-year period of constitutional consultations in Brunei and London. These actions were the primary means of carrying out Sultan Omar Ali Saifuddien III's intentions.^[8]

Structure

The 86 articles of the Constitution are organized into 12 chapters, a schedule, and a preamble.^[9]

Parts

• Part I – Preliminary
• Part II – Religion
• Part III – Executive Authority
• Part IV – Privy Council
• Part V – The Council of Ministers
• Part VI – The Legislative Council
• Part VII – Legislation and Procedure in the Legislative Council
• Part VIII – Finance
• Part IX – The Public Services
• Part X – The State Seal
• Part XI – Miscellaneous
• Part XII – Amendment and Interpretation of the Constitution

References

Citations

1. "Brunei Darussalam's Constitution of 1959 with Amendments through 2006" (PDF). www.agc.gov.bn. March 31, 2021.
2. Brunei. britannica.com. December 31, 2018.
3. "About Brunei". Bruneipress.com.bn. 30 July 1998. Archived from the original on 23 June 2002. Retrieved 23 March 2012.
4. "Brunei". CIA World Factbook. 2011. Retrieved 13 January 2011. {{cite journal}}: Cite journal requires |journal= (help)
5. "Brunei Darussalam : Constitution and politics". thecommonwealth.org. Archived from the original on 2016-03-11. Retrieved 2021-12-11.
6. "Background Note: Brunei". US Department of State. Retrieved 23 December 2011.
7. PMO Organisation Chart. "Organisation Chart at the Prime Minister's Office". Retrieved 14 January 2012.
8. Siti Nor Anis Nadiah Haji Mohamad; Mariam Abdul Rahman (2021-11-15). "Penggubalan Perlembagaan Negeri Brunei 1959: Satu Sorotan Sejarah" [Drafting of The Brunei Constitutions of 1959: A Historical Review]. The Sultan Alauddin Sulaiman Shah Journal. 8 (2): 44. Retrieved 2024-06-21.
9. "Constitution of Brunei Darussalam". www.fao.org. Retrieved 2024-06-20.

Sources