The Supreme Court of Fiji has formally recognized the 2013 Constitution as the legally effective Constitution, Chief Justice Salesi Temo announced today. The judgment, issued after a Cabinet reference under Section 91(5), also ruled that the abrogated 1997 Constitution is no longer applicable. In examining the amendment provisions under Sections 159 and 160, which had required a “double supermajority” of 75% in both Parliament and registered voters, the court found the mechanism practically unworkable and argued it effectively blocked ordinary citizens from democratic change. Consequently, the court clarified that amendments should instead require two-thirds of Parliament and a simple majority of voters, a combination the court said would preserve stability while ensuring meaningful public participation.
The ruling notes that the 2013 Constitution is widely used in making laws, conducting elections, and guiding everyday public life, even though it was imposed rather than freely chosen by the people. It also upheld provisions protecting immunities and transitional arrangements.
Implications and context:
– The decision is being watched in the broader ongoing conversation about constitutional reform in Fiji and could influence how future amendments are pursued, potentially easing pathways that were previously thought to be inaccessible.
– Observers say the ruling may affect whether referendums will be required for certain changes and how Parliament, the judiciary, and civil society collaborate on constitutional reform.
– The move is framed as part of a broader effort to balance legal stability with democratic legitimacy, and to foster greater public trust in Fiji’s constitutional framework.
Value-added notes:
– This development underscores the push for more transparent, participatory governance and a clearer pathway for constitutional change.
– Following the court’s reasoning on amendment thresholds could help readers understand how future reforms might be pursued, including the role of referenda and public consent.
– For ongoing coverage, tracking the exact framing of amendment rules and the interaction with existing and past constitutional instruments will give readers deeper insight into Fiji’s evolving constitutional landscape.
Summary:
The Fiji Supreme Court’s advisory-leaning decision clarifies that the 2013 Constitution remains the legal framework, rejects the old 75% double supermajority for amendments, and replaces it with a two-thirds Parliament and simple majority of voters threshold, while confirming the 1997 Constitution’s non-applicability. The ruling signals a move toward more accessible, participatory constitutional reform while aiming to preserve stability and the rule of law. A positive outlook is that clear rules and transparent processes can strengthen democratic legitimacy and public confidence in Fiji’s governance.
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