| Brunei |
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The politics of Brunei take place in a framework of an absolute monarchy, whereby the Sultan of Brunei is both head of state and head of government. Executive power is exercised by the government. Brunei has a Legislative Council with 20 appointed members, that only has consultative tasks. Under Brunei's 1959 constitution, His Majesty Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah, is the head of state with full executive authority, including emergency powers since 1962. The Sultan's role is enshrined in the national philosophy known as Melayu Islam Beraja (MIB), or Malay Islamic Monarchy. The country has been under hypothetical martial law since a rebellion occurred in the early 1960s and was put down by British troops from Singapore.
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Executive branch
Sultan Hassanal Bolkiah of Brunei, whose title has passed within the same dynasty since the 15th century, is the head of state and head of government in Brunei. The Sultan is assisted and advised by five councils, which he appoints. A Council of Ministers, or cabinet, which currently consists of nine members (including the Sultan himself), assists in the administration of the government.
Legislative branch
Under the 1959 constitution there was an elected Legislative Council, or Majlis Masyuarat Negeri, but only one election has ever been held, in 1962. Soon after that election, the assembly was dissolved following the declaration of a state of emergency, which saw the banning of the Brunei People's Party. In 1970 the Council was changed to an appointed body by decree of the Sultan. In 2004 the Sultan announced that for the next parliament, fifteen of the 20 seats would be elected. However, no date for the election has been set. [1]
Political parties and elections
The Legislative Council currently consists of 20 appointed members, and has only consultative powers. Although there are no elections, the following legal parties exist:
- Brunei National Solidarity Party (PPKB)
- Brunei People's Awareness Party (PAKAR)
- National Development Party (NDP)
Former parties include:
- Brunei National Democratic Party (BNDP)
- Brunei People's Party (Parti Rakyat Brunei)
| Members | Seats |
|---|---|
| Members appointed by the Sultan | 29 |
| Total | 29 |
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|---|
| 1962 |
Judicial branch
Brunei has a dual legal system. The first is the system inherited from the British, similar to the ones found in India, Malaysia and Singapore. It is based on the English Common Law, but with codification of a significant part of it. The Common Law legal system covers most of the laws in Brunei. The structure of the Common Law Courts in Brunei starts with the Magistracy. There are currently less than 10 Magistrates for the country, all of whom are locals. A rung above the Magistracy is the Intermediate Courts. This was set up to be a training ground for the local. There are currently 2 Intermediate Court judges, both are locals. The High Court currently consist of 3 Judges, 2 of whom are locals. The Chief Justice was a High Court judge from Hongkong. There is no jury system in Brunei and a Judge or Magistrate sits alone to hear a case except for capital punishment cases where 2 High Court Judges will sit. The Court of Appeal consists of 3 Judges, all of whom are currently retired British Judges. The Court of Appeal sits twice a year for about a month each time. Appeals to the Privy Council in criminal cases are no longer available, whilst still retaining a very limited right of appeal to the Privy Council in civil cases.
The other system of Justice in Brunei is the Syariah Courts. It deals mainly in muslim divorce and matters ancillary to a muslim divorce in its civil jurisdiction and in the offences of 'khalwat'(close proximity) and 'zina'(illicit sex)amongst muslim. The Syariah Court structure is similar to the Common Law Court structure except that it has no intermediate court and that the Court of Appeal is the final court of appeal. All magistrates and judges both in the Common Law Courts and the Syariah Courts are appointed by the Government. All local magistrates and judges were appointed from the civil service with none thus far being appointed from the private practice.
Territory Dispute
Brunei claims territory in Sarawak, such as Limbang, and is one of many nations to lay claim to the disputed Spratly Islands. Several small islands situated between Brunei and Labuan, including Kuraman island, are contested between Brunei and Malaysia. However, they are internationally recognised as part of the latter.
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