Attorney-General Graham Leung has proposed a potential pathway for amending the 2013 Constitution by seeking an advisory opinion from the Supreme Court regarding the constitutionality of its amendment provisions. Speaking at a media conference, Leung emphasized his belief that a constitution should evolve to reflect the will of the people and adapt to changing circumstances in society.
Acknowledging a growing desire for reform, Leung indicated that the Government is attentive to public sentiment. With the next general election anticipated in 2026, he noted that the Government faces a busy legislative agenda in 2025. This situation raises questions about how to best approach possible constitutional changes, including whether such changes should be pursued comprehensively or in smaller, more manageable stages.
Leung articulated the complexities of these considerations, highlighting that oversimplifying the amendment process could inadvertently lead to destabilizing effects on institutions. He underscored the necessity for thoughtful deliberation and a bipartisan approach involving political parties and civil society.
He further elaborated on the challenges of reverting to the 1997 Constitution, suggesting that it is unfeasible given the passage of time and changes in the political landscape since the 2013 Constitution was established. Leung emphasized the importance of a cautious approach to changing what he described as the “supreme law of the country,” as it has far-reaching implications for governance.
In addressing the difficulty of achieving significant constitutional reform, he cited Professor Anthony Reagan from the Australian National University, who noted the challenges associated with changing Fiji’s Constitution. Leung likened the task of garnering the necessary support from parliament and the electorate to “a camel passing through the eye of a needle,” underlining the significant hurdles that exist.
He concluded by acknowledging the value of differing opinions in a democratic society, encouraging respectful and constructive discourse among citizens.
In summary, Leung’s cautious yet open approach reflects a commitment to engaging with the public and ensuring that any constitutional changes are both meaningful and carefully considered. Hope remains that through a collaborative effort, the amendments could lead to a stronger alignment between the Constitution and the needs of the people, fostering a more harmonious governance structure.
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