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Commonwealth Governance Handbook 2013/14 145 Brunei Darussalam KEY FACTS Joined Commonwealth: 1984 Population: 406,000 (2011) GDP p.c.: US$40,301 (2011) UN HDI 2011: world ranking 33 Geography Area: 5,765 sq km Coastline: 161 km Capital: Bandar Seri Begawan Brunei Darussalam (Brunei – ‘Abode of Peace’) is a small state in South-East Asia on the north-west coast of the island of Borneo, in the Indonesian Archipelago. Its 161 km coastline faces the South China Sea. On the land side, it is enclosed by the Malaysian state of Sarawak, which divides it in two. The districts of Brunei–Muara, Tutong and Belait make up the larger, western part of the country; Temburong district the east. Constitution Status: National monarchy Legislature: Legislative Council of Brunei Darussalam Independence: 1 January 1984 Under the 1959 constitution, the Sultan is the Head of State with full executive authority and is assisted and advised by five councils – the Religious Council, the Privy Council, the Council of Cabinet Ministers, the Legislative Council and the Council of Succession. The Legislative Council was suspended in 1984, since when the Sultan has ruled through emergency decree. He has sole power to amend the provisions of existing laws. There are no elections; the last election was held in 1962. The national ideology, Melayu Islam Beraja (MIB), invokes Islam and Brunei’s history in support of the Sultan’s absolute power, as well as the paramountcy of the Malays in Brunei. In September 2004 a Legislative Council was revived and 21 members appointed, with no immediate timetable for election of the proposed 15 directly elected members. In September 2005 the Sultan dissolved the existing Legislative Council and appointed 29 new members. Judicial system Supreme court: Supreme Court Ministry: Attorney-General’s Chambers There are two parallel justice systems, one presided over by the Supreme Court and the other by the sharia courts. The Supreme Court comprises the Court of Appeal and the High Court. Criminal cases that do not carry a death sentence and less serious civil cases are conducted by the intermediate courts before judges or the subordinate courts before magistrates. Appeals are heard by the Court of Appeal, which in criminal cases is the final court of appeal, while in civil cases appeals from the Court of Appeal can be made to the Sultan. By agreement between the Sultan and Queen Elizabeth II, he is advised in such cases by the Privy Council in the UK. Judges are appointed by the Sultan for threeyear terms.


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