Making Laws

The Leg Co session is currently in full swing. It is of course primarily a law making body though the only bill it discusses in full this session is the Supply Bill. So how are laws made during the time it is in hiatus i.e. most of the year?

Come to think of it, you may also wonder how laws were made when the Council was suspended from 1984 until 2004.

Well, the Constitution provides an alternative avenue for making legislation. Under Article 83, His Majesty the Sultan may by proclaimation (known as "the Proclaimation of Emergency") declare a state of emergency in Brunei. The Proclaimation may be renewed every two years. Brunei has been under a state of emergency since 1962. Now, this is the important bit. This same Article also provides that while a Proclaimation of Emergency has been made and so long as it is in force, His Majesty may make any Orders he considers desirable in the public interest. These Orders will form the laws of the country.

In practice, the relevant Ministry, if it intends to introduce a new piece of legislation or amend an existing one, will prepare a draft Order with the assistance of the Attorney General's office. Often, interested third parties such as other Ministries and the private sector are also consulted. Once completed, it may be presented to His Majesty for consent.

All such Orders must however be presented to the Legislative Council at its next meeting. The Council may choose to pass or reject the Orders.

Another form of law is known as subsidiary legislation. A primary law may designate a person (usually a Minister) to make subsidiary legislation which deal with details such as procedure and fees payable. Such legislation need not be approved by the Legislative Council but usually require the consent of His Majesty.