Rights
An absolute monarchy under a continuing state of emergency since 1962
Brunei's 1959 Constitution vests full executive authority in the Sultan, who is also Prime Minister. A state of emergency proclaimed in 1962 has been renewed every two years since, allowing rule by emergency order. The Legislative Council is appointed and advisory. Brunei is the only Southeast Asian state with no elected national legislature.
Governing law
- Constitution of Brunei Darussalam, 1959 — As revised; emergency provisions in continuous use since 1962.
- Emergency (Proclamation) 1962 — Renewed biennially; underpins legislation by Order.
In practice
The Sultan is head of state with full executive authority and legislates by Order under the emergency powers. Malay Islamic Monarchy (Melayu Islam Beraja) is the official state philosophy. The Legislative Council is appointed by the Sultan and does not control the executive. There is no justiciable bill of rights and no judicial review of the Sultan's acts. Because law is made by Order rather than statute in the ordinary sense, the Government Gazette is the authoritative source. The emergency proclamation is the constitutional basis for much ordinary legislation, not an exceptional measure.