Fiji Court Clears Path to Participatory Constitutional Reform

Fiji court clears path for participatory constitutional reform as it upholds the 2013 framework

The legal representative for the Group of 11, Tevita Vakalalabure, has welcomed the Supreme Court’s advisory opinion on Fiji’s 2013 Constitution, stressing that it provides much-needed clarity on the stability and legality of the country’s governing framework. Vakalalabure, who spoke on behalf of Ioane Naivalurua and ten other independent MPs, said the court’s opinion confirms what the group has long sought: stability and legality for Fiji’s constitution.

The Group of 11 has previously argued that any recognition of the 2013 Constitution by the Court should uphold the established rule in Fiji’s constitutional history: amendments require a two-thirds majority in Parliament, not the previously suggested 75 percent threshold. The court’s judgment reflected this view, dismissing the higher threshold as inappropriate and signaling that the people’s direct involvement is essential in the reform process.

With the ruling, the power to decide the next steps now rests with the appropriate branches of government. Vakalalabure noted that the decision provides a fresh mandate to take the Constitution, along with any proposed amendments, back to the people for consultation and approval—a step he believes was lacking at the time the document was first introduced. He stressed that constitutional stability and legal certainty remain the Group of 11’s guiding priorities.

The court’s advisory has drawn a broader response from Fiji’s political leadership. Prime Minister Sitiveni Rabuka welcomed the opinion, describing it as a constructive framework that clarifies the amendment pathway and reinforces the rule of law. He said Cabinet will study the advisory before outlining the government’s next steps and highlighted the importance of a democratic process that includes public participation and broad consultation. Rabuka emphasized that the reform process should be orderly, inclusive, and transparent, with citizens actively engaged in shaping Fiji’s constitutional future.

Analysts and reform advocates see the advisory as a positive turning point. The ruling replaces the old, onerous 75 percent double supermajority with a more workable two-stage process: two-thirds support in Parliament for readings, followed by a simple majority of voters in a national referendum to bind changes. The decision confirms that the 1997 Constitution is no longer applicable and paves the way for more transparent, participatory reform while preserving stability and the rule of law.

What happens next is being carefully considered. Cabinet will assess the opinion and outline the government’s next steps, with many observers anticipating a potential nationwide dialogue or the establishment of a constitutional review mechanism to broaden public input. The reform pathway is expected to involve coordination among Parliament, civil society, and the public to ensure that any amendments reflect a wide cross-section of Fiji’s communities and are validated through referenda where appropriate.

Positive implications abound. The advisory is widely seen as a move toward a more transparent, accountable, and participatory constitutional process. By embedding public involvement in the pathway to change, Fiji aims to strengthen democratic legitimacy while maintaining essential safeguards that underpin stability and the rule of law.

Summary: The Supreme Court’s advisory opinion confirms the 2013 Constitution as Fiji’s working framework, rejects the 75 percent “double entrenchment” threshold for amendments, and establishes a two-step path—two-thirds Parliamentary support for readings and a simple majority of referendum voters to take effect. The 1997 Constitution is declared no longer applicable. The ruling signals a shift toward a more accessible, participatory approach to constitutional reform, with Cabinet and Parliament expected to chart a careful, inclusive course that emphasizes transparency, public engagement, and lawful process.

Value-added context: This development reinforces the balance between legal stability and democratic legitimacy, inviting broader public dialogue and the possible creation of formal mechanisms like a Constitution Review Commission to guide reform. Tracking how Parliament and civil society implement referenda and consultations will offer readers deeper insight into Fiji’s evolving constitutional landscape.

Commentary: The ruling offers a hopeful trajectory for Fiji’s constitutional evolution, one that can empower both lawmakers and citizens to shape a framework that better reflects the will of the people while safeguarding governance and stability. The coming months will reveal how the government translates this advisory into concrete, inclusive action.