Brunei

Legal tradition

Brunei belongs to the mixed common law and islamic law tradition. A dual system under an absolute monarchy. English-derived common law, received through the Application of Laws Act, governs commercial and civil matters, with English decisions still influential and a final civil appeal that lies to the Judicial Committee of the Privy Council in London by agreement. Running alongside it is a Syariah court system whose jurisdiction was substantially enlarged by the Syariah Penal Code Order 2013, brought into force in phases from 2014 and fully from 2019. The Sultan is both head of state and head of government, holds the office of Prime Minister, and legislates by Order under emergency powers renewed continuously since 1962.

How power is divided

Unitary, with four districts administered by district officers reporting to the Ministry of Home Affairs. No federal or devolved tier; village and mukim headmen have recognised consultative functions.

Where law comes from

The Constitution of 1959

As amended; Article 84B shields the Sultan's acts from judicial question.

Orders of the Sultan

Made under the continuing 1962 emergency; the main vehicle for major legislation.

Acts of the Legislative Council

The Council is largely appointed and meets briefly each year.

English common law

Received under the Application of Laws Act so far as circumstances permit.

Syariah law

Applied by the Syariah courts, including the Syariah Penal Code Order 2013.

The legal profession

Advocates and solicitors are admitted by the High Court under the Legal Profession Act, generally after qualifying in England, Malaysia, Singapore or Australia and completing local requirements. The profession is small — a few hundred practitioners — and foreign counsel may be admitted ad hoc for particular cases. Syariah practice is a separate track: Syariah lawyers are certified under the Syariah Courts Act and appear only in the Syariah hierarchy, so a matter that crosses both systems needs two sets of representation.