Fiji’s Supreme Court reshapes constitutional reform rules, confirming the 2013 Constitution as the legal framework while easing the path to change
The Supreme Court of Fiji has issued an advisory opinion that clarifies how constitutional amendments to the 2013 Constitution should be pursued. The court reaffirmed that the 2013 document remains the legally effective framework for governance, elections, and legislation, and it ruled that the now-defunct 1997 Constitution is no longer applicable. The ruling adjusts the long-criticized amendment thresholds now to require two-thirds support in Parliament at the second and third readings, with changes taking legal effect only after a simple majority of voters who participate in a national referendum.
The court found the former “double entrenchment” mechanism—three-quarters support in Parliament and in the referendum—unworkable and argued it effectively blocked ordinary citizens from participating in constitutional change. By contrast, the new path preserves the structure needed for stability while enabling meaningful public participation. Chief Justice Salesi Temo emphasized that reform must avoid domination by any single interest group, ensuring reforms remain achievable without sacrificing safeguards.
Key elements the court preserved and clarified include immunities and transitional provisions, which remain in force, and the court’s rejection of a provision that would have prevented changes to the amendment rules themselves. Applying common law, the court also confirmed its jurisdiction to answer Cabinet questions under Section 91(5) of the Constitution, marking a significant moment in how Fiji’s highest court interacts with executive questions about constitutional change.
Context and what this means for Fiji’s reform journey
– The decision comes amid ongoing debate over how the constitution should be amended and how to balance legal stability with democratic legitimacy. The 2013 Constitution, despite having been described as imposed rather than freely chosen, continues to guide legislation, elections, and governance, while the issue of reviving or reconciling elements of the 1997 document remains a live topic.
– Observers note that the ruling could influence whether referendums are required for future amendments and how Parliament, the judiciary, civil society, and the public collaborate on reform. Some analyses point to Reeves Commission discussions and broader calls for transparency and public participation as part of Fiji’s reform dialogue.
– The court’s interpretation signals an intent to foster a transparent, participatory process for constitutional change while maintaining essential safeguards and legal stability.
What comes next
– Parliament will consider amendments under the clarified two-thirds readings threshold, followed by referenda where a simple majority of participating voters would bind the changes.
– There is growing momentum for public involvement, including proposals for a Constitution Review Commission to broaden consultation and accountability in the reform process.
– Debates about the status of the 1997 Constitution and whether any elements could be revived or harmonized with the 2013 framework are likely to continue as reforms unfold.
Impact and outlook
– The ruling is widely seen as a constructive step toward a more accessible and participatory route for constitutional reform, designed to strengthen democratic legitimacy while preserving safeguards that support stability and the rule of law.
– By anchoring amendments in Parliament with a referendum check, Fiji aims to empower both lawmakers and citizens, potentially rebuilding trust in the constitutional process and ensuring reforms reflect the will of the people.
Summary
– The 2013 Constitution remains Fiji’s valid legal framework; the older 1997 Constitution is no longer applicable.
– Amendments now move through two-thirds approval in Parliament for readings and a simple majority of referendum participants to take effect, replacing the previous 75% thresholds.
– The court reaffirmed immunities and transitional provisions, rejected attempts to bar changes to amendment rules themselves, and affirmed the use of common law in constitutional interpretation.
– This approach seeks a balance between stability and meaningful public participation, with a view toward a clearer, more transparent, and more democratic path for Fiji’s constitutional evolution. A positive takeaway is the potential for stronger democratic legitimacy and public confidence through a participatory reform process.
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