Australian constitutional lawyer Anne Twomey has emphasized the importance of periodically amending constitutions to ensure they align with contemporary societal values and the needs of the populace. Speaking at the 26th Attorney-General’s Conference at the Sheraton Resort in Denarau, Nadi, she highlighted the risks of maintaining a rigid constitution that fails to reflect the people’s current beliefs and requirements, stating that such a constitution could become outdated, leading to potential instability.
Twomey pointed out the challenges faced in Fiji regarding constitutional amendments, noting that the existing Constitution imposes stringent requirements that make change nearly impossible. She explained that not only does it require a supermajority of three-quarters approval from the Parliament, but it also mandates the consent of three-quarters of all registered voters through a referendum. This dual requirement sets a high bar that, according to Twomey, is extraordinarily difficult to achieve, especially in a system where compulsory voting has been removed.
She acknowledged the difficulties in Fiji’s situation and offered potential approaches that could promote constitutional amendments in a democratically sound manner that might withstand judicial scrutiny. Her remarks underscored the principle of popular sovereignty, where the authority of a nation rests with its citizens. Twomey asserted that the power of the people is expressed not only through elections but also in constitutional change, either directly via referendums or indirectly through elected representatives.
The dialogue on constitutional amendments presents a hopeful opportunity for Fiji to reassess and potentially reform its governance framework in a way that truly reflects the will of its people, fostering a more adaptive and responsive legal environment for future generations.
In summary, constitutional flexibility is crucial for maintaining societal relevance and harmony, and the challenges addressed by Twomey could spark a broader discussion on how nations like Fiji can evolve their legal frameworks to better serve their citizens.
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