Fiji Supreme Court sets clearer path for constitutional reform, replacing the 75% hurdle with a two-thirds Parliament threshold and a simple referendum majority
The Supreme Court of Fiji has issued an advisory opinion that reshapes how constitutional amendments can be pursued. In a move aimed at making change more feasible while preserving safeguards, the court said amendments to the 2013 Constitution must pass a two-thirds majority of all Members of Parliament at the second and third readings. For amendments to take legal effect, they would then require a simple majority of voters who participate in a referendum. The court also reaffirmed that the 2013 Constitution remains the legally effective framework, while the 1997 Constitution is no longer applicable.
Key thresholds and implications
– Parliament: With 55 MPs, two-thirds translates to 37 votes. This means that amendments need at least 37 votes in favor across the relevant readings.
– Referendum: To bind changes, a simple majority of those who actually vote in the referendum is required, rather than an absolute majority of the entire electorate.
– Constitutional status: The 2013 Constitution is the valid operating framework for lawmaking, elections, and governance, and the 1997 Constitution is considered non-applicable under Fiji’s current legal order.
Context and aims
– The ruling followed a Cabinet reference under Section 91(5) and engages with amendment provisions in Sections 159 and 160. It materializes debates sparked by the Reeves Commission and ongoing discussions about Fiji’s constitutional order.
– Observers view the decision as creating a clearer, more transparent pathway for reform that still involves Parliament and the public through referenda, balancing legal stability with democratic legitimacy.
– The ruling notes ongoing discussions about the status of the 1997 Constitution and how best to design amendment procedures that reflect the people’s will while maintaining governance stability.
What this means for Fiji’s reform journey
– Expect renewed legislative activity as MPs consider amendments under the clarified thresholds. Bills would require two-thirds support in readings, followed by referendum campaigns that persuade a majority of participating voters.
– There is momentum around greater public involvement, including proposals for a Constitution Review Commission to facilitate broad consultation and ensure transparency in the reform process.
– The court’s framework aims to make constitutional change more achievable without abandoning essential safeguards, potentially strengthening public trust in Fiji’s governance.
Takeaways
– The 2013 Constitution remains the valid framework; the 1997 Constitution is no longer applicable.
– Amendments require two-thirds support in Parliament and a simple majority of referendum voters.
– The reform pathway emphasizes transparency, public participation, and stability.
– Ongoing debates about public involvement and the status of earlier constitutions are likely to continue alongside this clarified framework.
Summary
The Fiji Supreme Court’s guidance marks a pivotal shift in constitutional reform, moving away from an onerous 75% double-supermajority requirement toward a more workable two-thirds parliamentary threshold complemented by a referendum majority of participants. By anchoring amendments in Parliament while still seeking popular consent through referenda, the ruling seeks to strengthen democratic legitimacy and public confidence in Fiji’s governance, while preserving essential safeguards for stability and the rule of law.
Evaluation for readers
– Overall sentiment is constructive and forward-looking, focusing on a more accessible reform path that retains important checks and public involvement. This is a positive development for those seeking clearer rules and a participatory process in Fiji’s constitutional evolution.
Additional context to watch
– Legislative activity around proposed amendments to Sections 159 and 160 will reveal how quickly Parliament and the public engage with this new framework.
– Debates about the role of the 1997 Constitution and possibilities for any elements to be revived or reconciled with the 2013 framework may evolve as reforms proceed.
– Developments around public consultation mechanisms, such as a Constitution Review Commission, will indicate how deeply citizens are able to shape future changes.
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