Australian National University’s constitutional law expert, Professor Anthony Regan, has initiated vital discussions and analyses about Fiji’s 2013 Constitution, emphasizing the need for possible reforms. During his talk at the Fiji National University’s Vice Chancellor’s Leadership Seminar in Nasinu, he emphasized the importance of inclusive participation and consultation with the broader community before undertaking any constitutional changes.
He raised questions about whether it might be time to consider revising the constitution, especially as various lawyers have been debating issues within the document. Highlighting the purpose of a constitution, he stated that it should be accessible, understandable, and serve the people it governs.
Despite the criticisms, Prof. Regan acknowledged that the 2013 Constitution has positive aspects, such as moving away from communal voting, which could benefit a nation with a divided ethnic base. However, he pointed out significant problems, such as the unusual concentration of powers in the executive branch, which is atypical for a Westminster system.
Prof. Regan stressed that any attempt to amend or draft a new constitution must involve inclusive processes that consider the views and contributions of all citizens, not just those in power. He highlighted Fiji’s history of multiple constitutions, reflecting a lack of consensus on a suitable framework for the country.
Attorney-General Graham Leung noted that Prof. Regan was invited to start serious dialogue on changing the constitution if there was consensus on the need for revision. Leung emphasized a democratic process that should reflect the will of the people rather than be driven solely by those in power. He also mentioned a recent Supreme Court observation criticizing the 2013 Constitution as the product of only a few individuals.
While the call for constitutional reform’s outcome remains uncertain, there is a trend towards a more inclusive and representative approach to revising the legal document. It is crucial to engage all societal segments, reflecting diverse perspectives, if Fiji decides to pursue constitutional reforms.