Fiji Supreme Court narrows path to constitutional change while reaffirming 2013 framework
The Fiji Supreme Court has issued an advisory ruling that clarifies how amendments to the 2013 Constitution should proceed, while reaffirming that the 2013 document remains the legally effective framework for laws, elections, and daily governance. The court also reaffirmed that the 1997 Constitution is no longer applicable in Fiji’s legal order.
What the ruling does
– The court found the long-standing “double entrenchment” mechanism—requiring a 75% majority in both Parliament and a national referendum—to be unworkable and effectively blocked ordinary democratic reform.
– It replaced that hurdle with a two-step process: amendments must first gain two-thirds support in Parliament at the second and third readings, and then take effect only if approved by a simple majority of voters who participate in a national referendum.
– The decision preserves immunities and transitional provisions, while rejecting attempts to bar changes to the amendment rules themselves. The court also noted its jurisdiction to answer Cabinet questions under Section 91(5) of the 2013 Constitution, reinforcing the judiciary’s role in guiding constitutional change.
– The ruling acknowledges that while the 2013 Constitution was imposed during a military transition, it continues to govern laws, elections, and everyday life. It also highlights the country’s international commitments, including self-determination rights recognized in the ICCPR and ICESCR, ratified by Fiji in 2018, which sit alongside the domestic framework.
Context and implications
– The court’s interpretation signals an effort to balance legal stability with meaningful democratic participation, aiming to make change more accessible without sacrificing safeguards.
– Observers note the decision could influence how referendums are used in future reforms and how Parliament, the judiciary, civil society, and the public collaborate on constitutional change.
– The ruling has fed into ongoing debates about whether elements of the 1997 Constitution could be revived or reconciled with the 2013 framework, and how best to structure a reform process that enjoys broad public legitimacy.
What comes next
– Parliament will consider amendments under the clarified two-thirds readings threshold, with referendums required to bind changes.
– There is growing momentum for public involvement, including discussions about whether to establish a Constitution Review Commission to broaden consultation and accountability.
– Cabinet and lawmakers will monitor the court’s guidance as they map out upcoming reform steps, while civil society and political parties assess how best to engage citizens in nationwide dialogue.
Value-added perspective
– The decision represents a meaningful shift toward a transparent, participatory pathway for constitutional reform, potentially strengthening public trust by tying lawful change to both legislative support and popular consent.
– By balancing stability with inclusivity, Fiji’s reform framework could become a model for how to modernize a written constitution in a way that reflects contemporary democratic norms while maintaining governance safeguards.
Hopeful note
– The advisory ruling can catalyze a constructive national conversation about Fiji’s constitutional future, encouraging broad public participation and accountable governance while preserving the rule of law. If implemented with genuine stakeholder engagement, the new path could yield reforms that are both principled and broadly supported.
Bottom line
– The 2013 Constitution remains the valid framework; the 1997 Constitution is no longer applicable. Amendments will move through a two-thirds parliamentary threshold and a referendum, marking a clearer, more workable route to reform that balances democratic legitimacy with stability. This approach holds promise for a more inclusive and transparent constitutional evolution in Fiji.
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