Constitutional history of Brunei
The political instability that had previously been brought about by a dispersed and sometimes self-serving aristocracy, particularly the ancient territorial chiefs, had been removed by the British government introduction of a Western-style administration.
[3] The Colonial Office believed that the notion of creating a Brunei constitution was premature and had little prospect of success for a number of reasons when it was first proposed in the late 1930s.
Sultan Omar Ali Saifuddien III desired that an edict that would take effect on the same day as the new Constitution would clearly and unambiguously demonstrate the customs and unwritten law controlling the succession.
[5] The first step towards creating a written constitution for Brunei was for Sultan Omar Ali Saifuddien III to set up a commission to get opinions from people living in each area.
Following the district visits, a report was written outlining the support and agreement of the populace with Sultan Omar Ali Saifuddien III's constitutional ambitions.
The government benefited greatly from the gatherings as they allowed the younger, educated population to express their true opinions and acted as a "safety valve" for pent-up emotions.
During this investigation, which lasted for about two weeks in January, the members traveled to Johore, Selangor, Kelantan, Negeri Sembilan, Pahang, Singapore, and Kedah, according to a number of sources, including Mohd Jamil Al-Sufri (1992) and B.
[11] The creation of Menteri Besar was suggested as a replacement for the British Resident by the Constitutional Committee, which reflected the ambitions of Brunei's politically engaged Malays.
The Partai Rakyat Brunei (PRB), which expressed nationalist goals and called for a say in government, complicated things in 1956 and presented fresh difficulties for the British throughout the drafting process.
Though colonial leaders sympathized with the PRB's objectives, they saw the organisation's demands for equal wages, workers' welfare, ministerial government, and general elections as too extreme.
[12] Because of this resistance, Sultan Omar Ali Saifuddien III became more adamant in his opposition to British recommendations, which resulted in significant additions and deletions from the draft constitution in order to preserve his local power.
The three territories of Borneo were to be united, while Sultan Omar Ali Saifuddien III wanted to lessen British influence and write Brunei's own constitution.
At a meeting held at Istana Darul Hana on 27 October, Sultan Omar Ali Saifuddien III and Sir Anthony Abell discussed the results of the London negotiations.
Due to their knowledge of laws and positions as advisors on constitutional issues, Dato Panglima Bukit Gantang and Neil Lawson were selected to go with the group.
[16] Sultan Omar Ali Saifuddien III led a delegation of 10 individuals to London for constitutional negotiations, departing on 14 March via Singapore.
These included council meetings, elections, the appointment of British legal officials and advisers, the functions of the State Secretary and Menteri Besar, chapters on guidance, the authority of the High Commissioner, defence and international affairs, and current agreements.
[17] The result of the agreement that addressed key demands of the 1954 Brunei Constitutional Committee, including the introduction of a Menteri Besar and phased implementation steps starting with his appointment by 1 July.
Talks from 3 March to 6 April 1959 resulted in an agreement that addressed key demands of the 1954 Brunei Constitutional Committee, including the introduction of a Menteri Besar and phased implementation steps starting with his appointment by 1 July.
This resulted in a competition between the radical politicians of the PRB, including A. M. Azahari, Salleh Masri, and Abdul Hapidz, and the conservative pengiran "palace party."
The Sultan sought to postpone the elections past the two-year period specified by the Constitution, claiming things like the necessity to amend nationality laws, since he thought the PRB may win power.
Nonetheless, as stated in Article II of the Agreement, it continued to be in charge of Brunei's foreign relations, giving the British monarch the authority to enact laws pertaining to such areas.
[25] With effect from 1 January 1984, the constitution was revised to include provisions that recognised Brunei's position as a sovereign nation-state that is totally independent.
In his 2004 birthday speech, Sultan Hassanal Bolkiah proposed the constitutional amendments that would fortify the monarchy and enhance governmental-citizen ties through official consultation mechanisms.
The suspension of the provisions of Brunei's Constitution's Part VI and VII, which relate to the Legislative Council, will end on the commencement of the order and will no longer be in effect.
[28] On 29 September, during the legislature's session at the International Convention Centre, Berakas, the Sultan in his capacity as Head of State, ratified the Constitution of Brunei Darussalam (Amendment) Proclamation.
[26] According to Hazair Abdullah on 30 September 2004, the Constitution Amendments and the Legislative Council's resurrection would inspire and drive the nation's public service to reach new heights of performance and efficiency.
