Brunei's Revamped Constitution: The Sultan as the Grundnorm?

Abstract

Brunei experienced a series of unprecedented constitutional and legislative amendments over the period 2004-06, all orchestrated by the monarchy. This article compares the amendments with Brunei's previous constitutional structure to show the effect of the changes. It shows how the amendments served to clarify the Sultan's unfettered legislative authority, centralise and accentuate his executive authority, render the Legislative Council meaningless, and remove judicial review as a means of checks and balances. The article also reflects on how the constitutional and legislative changes made the Sultan the national Grundnorm, at the price of prospects for democratisation in Brunei.