State - legal institution of emergency in Brunei

Brunei Darussalam is a constitutional sultanate. State of emergency in which the country was from 1962 to the present time is a feature of the legal field of the country. The concept of a state of emergency and the mechanism of its introduction were defined in the first edition of the Constitution of Brunei on September 29, 1959 Proclamation of a state of emergency was adopted on 12 December 1962, subsequent Proclamation are accepted approximately every two years. The system of agreed legal norms of the state of emergency, is recorded in articles 83 and 83A of the Constitution of Brunei. Legal basic and procedure for introducing the state of emergency are set out in the articles of the Constitution. Sultan, in accordance with the Constitution, is the State body authorized to introduce a state of emergency. The reason for the introduction of the state of emergency is a security threat or a threat to the economic life (whole country or any part of it) due to war, external aggression or internal disturbance, actual or threatened. In paragraphs 3 and 4 of Article 83 provides a list of questions, allowing restriction of the rights and freedoms of citizens and the rights juridical persons and putting them on additional responsibilities. The list includes: the introduction of censorship, restriction of property rights, control over ports, and so on. During the emergency special police units can be created, tribunals and other authorities in order to resolve cases related to execution of decrees. It should be noted, these tribunals have no power to adjudicate on the application of penalties by deprivation of liberty or fines; modification, amendment, replacement or suspension of the provisions of any written law is possible. In accordance with Article 83, Order, act, decree or other written law made under Article 83 during period of emergency shall be deemed to have been validly passed or made, to be fully effectual and to have had full force and effect from the date on which such Proclamation, Order, Instrument, Act or other written law was declared. Even if Order, Act or other written law was inconsistent with any provision of Constitution, it shall be deemed to have been duly laid before and passed by the Legislative Council in accordance with clause 7 of Article 83. A state of emergency is introduced strictly according to the rules defined in the Constitution. Amendments of the Constitution accepted as the political situation changes. The long period of state of emergency in Brunei is an instrument for the formation of legal field of the country. Since 1970, legal field of the Brunei is able to fulfill its role in the promotion of a political and socio-economic stability of state.

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