Fiji Opens Two-Step Path to Constitutional Change

Fiji Supreme Court reshapes path for constitutional change, upholding the 2013 framework

The Fiji Supreme Court has issued an advisory ruling clarifying how constitutional amendments to the 2013 Constitution should proceed. The court reaffirmed that the 2013 Constitution remains the legally effective framework for the country’s laws, elections, and daily governance, while confirming that the abrogated 1997 Constitution is no longer applicable in Fiji’s legal order. In replacing the long-criticized “double entrenchment” threshold with a more workable two-step process, amendments would require two-thirds support in Parliament for the readings and, for changes to take effect, a simple majority of voters who participate in a national referendum.

Context and key points
– The ruling responds to a Cabinet reference under Section 91(5) of the 2013 Constitution, focused on Sections 159 and 160, which had been viewed as highly restrictive or nearly unamendable.
– While recognizing that the 2013 document was imposed during a military transition, the court emphasized that it has functioned as Fiji’s governing legal order for nearly two decades, guiding laws, elections, and day-to-day life.
– The decision preserves immunities and transitional provisions and rejects attempts to bar changes to the amendment rules themselves. It also confirmed the court’s jurisdiction to answer Cabinet questions under the same section.
– The 1997 Constitution was reaffirmed as no longer applicable within Fiji’s legal order.

Implications for reform
– A clearer, more attainable route for constitutional change emerges: amendments pass Parliament with two-thirds at the second and third readings and are only binding after a simple majority of participating referendum voters.
– The reform pathway is designed to balance legal stability with meaningful public participation, potentially enabling more timely and legitimate changes.
– The ruling opens space for future mechanisms to broaden public involvement, such as nationwide dialogues or a constitutional review commission, while keeping safeguards intact.
– Observers note the decision could influence whether referendums will be required for certain changes and how Parliament, the judiciary, civil society, and the public collaborate on reform.

Public reaction and what’s next
– Reform advocates have welcomed the decision as a constructive step toward transparency, accountability, and citizen involvement in Fiji’s constitutional evolution.
– Some opposition voices caution that safeguards must protect minority rights and ensure inclusive negotiations as reforms proceed.
– The government indicated it will study the ruling and map out next steps, with attention to lawful, inclusive reform that reflects the will of the people while maintaining legal certainty.
– Parliament will consider amendments under the clarified thresholds, and discussions will continue about the timing and conduct of referenda, as well as whether any elements of the 1997 Constitution could be revived or reconciled with the 2013 framework.

Value-added perspective
– The ruling represents a deliberate effort to balance the need for stability with the imperative of democratic legitimacy. By tying changes to both legislative support and popular consent, Fiji signals a move toward governance that is more transparent and accountable to its citizens.
– For readers tracing Fiji’s constitutional landscape, the decision highlights how amendment pathways may evolve and how public participation could shape reform timelines and outcomes.

Positive takeaway
– If implemented with broad stakeholder engagement, this framework could lead to a more legitimate, inclusive constitutional reform process that strengthens public trust in governance while preserving essential safeguards and legal certainty.

What to watch next
– How Parliament advances proposed amendments under the new two-thirds readings threshold.
– Whether and how referenda will be used to validate changes, and what the timing of those referenda might look like.
– Consideration of a Constitution Review Commission or other public-engagement mechanisms to guide inclusive reform.
– Ongoing discussions about the status of the 1997 Constitution and any potential reconciliation with the 2013 framework.