Article 18
Consultation with Council of Ministers
of Constitutional Matters I - Constitution of Brunei Darussalam
(1)
In the exercise of his powers and the performance of his duties,
His Majesty the Sultan and Yang Di-Pertuan shall, subject to the provisions of this Article, consult with the Council of Ministers.
(2)
Clause (1) shall not apply to the exercise or performance by
His Majesty the Sultan and Yang Di-Pertuan of any power or duty, whether conferred or imposed on him by this Constitution or by any other written law, if the law by which that power or duty is conferred or imposed empowers or requires His Majesty the Sultan and Yang Di-Pertuan to exercise that power or perform that duty after consultation with some authority other than the
Constitution of Brunei Darussalam
B.L.R.O. 2/2022 27
Council of Ministers or does not require His Majesty the Sultan and Yang
Di-Pertuan to consult with any authority.
(3)
Notwithstanding Clause (1), His Majesty the Sultan and Yang
Di-Pertuan shall not be obliged to consult the Council of Ministers in cases —
(a)
which are of such a nature that, in his judgment, Brunei
Darussalam may sustain material prejudice by his consulting the
Council of Ministers thereon;
(b)
in which the matters to be decided are, in his judgment, too unimportant to require the advice of the Council of Ministers; or
(c)
in which the matters to be decided are, in his judgment, too urgent to admit of the advice of the Council of Ministers being given by the time within which it may be necessary for him to act:
Provided that, in every case falling within paragraph (c), His Majesty the
Sultan and Yang Di-Pertuan shall, as soon as practicable, inform the Council of Ministers of the measures which he has adopted with the reasons therefor.
(4)
His Majesty the Sultan and Yang Di-Pertuan shall have the power to set the agenda of the Council of Ministers.
His Majesty not bound to act in accordance with the advice of Council of