Fiji Supreme Court redefines path for constitutional change while upholding the 2013 Constitution
The Fiji Supreme Court has again affirmed that the 2013 Constitution remains the legally effective framework for the country’s laws, elections, and daily governance, even as it scrutinizes the amendment provisions that had long been viewed as highly restrictive. In an advisory opinion prompted by a Cabinet reference under Section 91(5) of the 2013 Constitution, Chief Justice Salesi Temo and a panel of judges concluded that the “double entrenchment” threshold—requiring three-quarters support in Parliament and in a national referendum—was impractical and effectively blocked ordinary democratic reform.
The court’s ruling replaces the old standard with a two-step process for changes to the amendment provisions themselves: first, amendments must gain two-thirds support in Parliament at the second and third readings; second, for those changes to take legal effect, they must be approved by a simple majority of voters who participate in a national referendum. The decision also confirms that the 1997 Constitution is no longer applicable within Fiji’s legal order. Immunities and transitional provisions in the 2013 framework are preserved, while amendments to the rules governing amendments themselves are not barred.
Context and implications
The judgment arrives amid a broader debate about how Fiji should approach constitutional reform, balancing legal stability with democratic legitimacy. Observers note the decision could influence future reform pathways by making amendments more accessible, provided they pass both parliamentary thresholds and public consent through referenda. The ruling reinforces that while the 2013 Constitution was imposed during a military transition, it has functioned as the country’s governing legal order, guiding laws, elections, and governance for nearly two decades. It also opens the door to mechanisms that bolster public participation, such as nationwide dialogue or a constitutional review process.
What happens next
Parliament will consider proposed amendments under the clarified two-thirds readings threshold, and campaigns to secure a majority of participating voters in referendums will follow when changes are ready to take effect. There is growing momentum for broader public involvement, including discussions about establishing a Constitution Review Commission to oversee inclusive reform. The decision also sustains ongoing debates about whether any elements of the 1997 Constitution could be revived or harmonized with the 2013 framework as Fiji charts its constitutional future.
Value-added perspective
– The ruling aims to strike a balance between preserving stability and enabling meaningful reform by tying changes to both legislative support and popular consent.
– By lowering the barrier to amend the amendment provisions themselves, Fiji signals a commitment to transparent, participatory governance without sacrificing essential safeguards.
– The decision sets the stage for potential national dialogues and structured public engagement, which could strengthen democratic legitimacy and public trust in the constitutional process.
Public reaction and outlook
Reform advocates view the ruling as a constructive move toward greater transparency and citizen involvement in Fiji’s constitutional evolution. Some opposition voices, however, caution that safeguards must protect minority rights and ensure inclusive negotiations as reforms proceed. The government has signaled readiness to map out next steps, with an emphasis on lawful, inclusive reform that reflects the will of the people while maintaining legal certainty.
Bottom line
The advisory ruling confirms that the 2013 Constitution remains Fiji’s valid legal framework, ends the era of the 75 percent double-entrenchment for amendments, and introduces a more workable route to constitutional change: two-thirds parliamentary approval for readings and a simple majority of referendum participants to bind changes. The decision reinforces a path toward a more transparent and participatory constitutional process, with ongoing public dialogue and accountability likely to shape Fiji’s reform calendar.
Summary
– The 2013 Constitution remains the legally effective framework; the 1997 Constitution is no longer applicable.
– Amendments now require two-thirds in Parliament for readings and a simple majority of referendum participants to take effect.
– Immunities and transitional provisions are preserved; changes to the amendment rules themselves are not blocked.
– The ruling fosters a more transparent, participatory approach to constitutional reform while safeguarding stability and the rule of law.
Possible next steps to watch
– Parliament’s consideration of amendment bills under the new thresholds.
– Establishment or expansion of nationwide public consultations, including a potential Constitution Review Commission.
– Ongoing public dialogue about the status of the 1997 Constitution and any efforts to reconcile it with the 2013 framework.
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