Former attorney-general Graham Leung has warned that while it may be legally possible to abolish Fiji’s 2013 Constitution, doing so would carry “significant risks” and could spark a “legal and administrative nightmare.” Speaking at a recent talanoa session on constitutional reform, Leung said abolition could only be achieved if backed by Parliament and a public referendum — but urged caution and a more measured approach.
“If Parliament and a majority of the people support this in a referendum, it may be possible to do so (to abolish the constitution),” Leung told participants. He stressed, however, that momentum for change should not lead to hasty action: “On constitutional change itself, we must not throw the baby out with the bathwater. Because this could cause a legal and administrative nightmare.” Instead, he proposed keeping the current Constitution as a “baseline” while using the planned Constitution Review Commission to channel public input.
Leung’s intervention comes amid an intensifying national debate. The government has already signalled a formal review of the 2013 document, with Cabinet having approved moves to revisit Chapter 11 — the part of the Constitution that sets out how the charter itself may be amended — and plans for a Constitution Review Commission to conduct consultations. Political parties and civil society remain divided over whether reform should aim to amend the existing charter or to pursue wholesale replacement, and legal experts have differed on the procedural hurdles and thresholds any change must meet.
Against that backdrop, Leung urged an incremental, constructive path. “Incremental and constructive changes will allow for a more orderly and thoughtful transition to a revised Constitution reflecting present political realities and the will of the people,” he said. His prescription is aimed at avoiding uncertainty in governance and the courts that could follow a sudden abolition or radical rewrite without careful sequencing and detailed planning.
Leung also called for unity in the public consultations, appealing for “tolerance, understanding and respect” among Fijians as the review proceeds. His comments underscore a central practical challenge: even where political appetite exists for major constitutional reform, designing a process that secures legitimacy, protects institutional continuity and limits disruption will be complex and politically fraught.
The former attorney-general’s warning adds a legalist voice to the wider debate at a time when proposals from some political groups have edged towards more radical change. His emphasis on using the 2013 Constitution as a starting point and relying on the Constitution Review Commission frames the issue as one of process as much as content, and makes clear that how reform is pursued may be as consequential as what reforms are proposed.
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