Fiji Supreme Court redefines path to constitutional change, moving away from “double entrenchment” toward a two-step process that invites public participation
The Supreme Court of Fiji has clarified the country’s constitutional amendment rules, affirming that the 2013 Constitution remains the legally effective framework while replacing the long-criticized “double supermajority” threshold with a more attainable path to change. In a ruling delivered after a Cabinet reference under Section 91(5) of the 2013 Constitution, Chief Justice Salesi Temo and a six-judge panel outlined that amendments should proceed with two-thirds support in Parliament and a simple majority of voters in a national referendum. The decision also reaffirmed that the 1997 Constitution is no longer valid.
The ruling comes after questions raised about how amendments should be pursued under Sections 159 and 160, which govern the amendment process and had been described as effectively blocking ordinary democratic change. The court found the 75 percent in Parliament and 75 percent of registered voters in a referendum approach to be impractical, arguing that it disempowered ordinary citizens from meaningful democratic participation. By contrast, the new framework aims to balance constitutional stability with real public involvement.
In upholding certain protections, the court kept Sections 159(2)(a) and 159(2)(b), which safeguard immunities and transitional arrangements. It did not recognize Section 159(2)(c), which had previously prevented changes to the amendment provisions themselves. While the 2013 document’s status as legally effective is affirmed, the court’s interpretation signals that broad public consent will be essential for amendments to take legal effect, aligning reform with both governance practicality and democratic legitimacy.
Observers and legal experts have welcomed the ruling as a constructive step toward clearer, more participatory constitutional reform. The decision is seen as potentially easing the path for reforms that reflect the people’s will while maintaining essential safeguards. It also is expected to influence debates about whether referendums will be required for future changes and how different branches of government, civil society, and the media will engage in the reform process.
The decision is being watched in the context of Fiji’s broader constitutional reform debate. As Parliament begins to consider amendments under the clarified thresholds, discussions continue about whether any elements of the disused 1997 Constitution might be revived or reconciled with the 2013 framework. The ruling emphasizes that public participation and transparency should underpin any reform, and it signals a move toward governance that is both principled and responsive to contemporary needs.
Value-added perspective and outlook:
– The ruling provides a clearer, more workable path for constitutional change by anchoring amendments in a two-step process that includes parliamentary action and popular support, potentially increasing public trust in reform.
– By moving away from an almost unamendable structure, Fiji’s judiciary and elected representatives may be better positioned to respond to evolving democratic demands without sacrificing legal stability.
– The development underscores the ongoing tension in constitutional design between strong protections and accessible avenues for reform, with implications for governance, accountability, and citizen involvement.
What comes next:
– Parliament will pass proposed amendments through the two readings in two-thirds majority, followed by a referendum in which a simple majority of participating voters will determine legal effect.
– Legislators, civil society groups, political parties, and media will likely sharpen debates on thresholds, timing of referendums, and how to engage the public most effectively.
– Questions may persist about the fate of the 1997 Constitution and whether any of its provisions could be resurrected or harmonized with the 2013 framework as part of broader reform.
Summary:
The Fiji Supreme Court’s decision clarifies that the 2013 Constitution remains the valid legal framework while replacing the former two-step threshold with a more accessible two-thirds parliamentary vote plus a simple majority of referendum participants for amendments. The ruling reinforces the principle that constitutional change should be both stable and democratically legitimate, and it marks a significant shift toward a more participatory approach to Fiji’s constitutional evolution. The court’s guidance is expected to shape how future reforms unfold, with the promise of greater public involvement and clearer rules to govern how Fiji’s fundamental law can be updated. A hopeful takeaway is that transparent, participatory processes can strengthen democratic legitimacy while upholding the rule of law.
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