Attorney-General Graham Leung has announced the government’s intent to engage with the Supreme Court to seek an opinion on the legality of certain sections of the Constitution. This action is framed within the context of a broader plan to amend portions of the Constitution that are viewed as unconstitutional or create significant challenges in the amendment process.
In his statement, Leung emphasized the necessity of adaptability within constitutional frameworks, suggesting that existing components making amendments exceedingly difficult could, in fact, be themselves unconstitutional. He noted that previous constitutions, notably those from 1970, 1990, and 1997, did not necessitate a referendum for amendments, underlining that such processes have historically been navigated without the need for direct public voting—a point he stressed by mentioning that Fiji has never conducted a referendum.
To facilitate constitutional changes, the proposed Constitution (Amendment) Bill 2025 aims to lower the requirement for legislative approval from a supermajority of three-quarters to a two-thirds majority of Parliament. This proposed amendment aligns with the section found in the 1997 Constitution, which was unanimously adopted by Parliament at that time.
Leung noted that a Constitution that does not mirror the public’s will or is impractically rigid is simply not fulfilling its purpose. He also called for an open, informed discussion about constitutional reform, free from fearmongering and misinformation, highlighting his commitment to working within the legal frameworks while engaging constituents through their elected representatives in Parliament.
Furthermore, Leung reiterated the importance of thoughtful and bipartisan dialogue surrounding these proposed changes, as altering the supreme law of the land necessitates careful consideration and consensus to avoid detrimental effects on the stability of governance structures.
This initiative not only illustrates a commitment to responsive governance but also opens a path for democratic engagement, potentially leading to a constitutional framework that better reflects the needs and desires of the populace. The Attorney-General’s willingness to consult with the Supreme Court further underscores the importance of legal integrity and the rule of law in constitutional matters.
Overall, the government’s approach to constitutional reform presents a hopeful outlook towards a more accessible and democratic process, encouraging constructive dialogue and collaboration across various sectors of society.
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