Fiji Supreme Court Upholds 2013 Constitution as Lawful Framework and Outlines a Clearer Path for Change
The Supreme Court of Fiji has ruled that the 2013 Constitution remains the legally effective framework for the country’s laws, elections, and daily governance, even as it acknowledged the contentious origins of the document. The judgment stresses that, after nearly two decades under the regime’s rule and the 2013 charter, the political order has earned broad public endorsement and acceptance.
The court recognized serious concerns in the years following the 2006 coup and the early years of Bainimarama’s government, including restricted media freedom and diminished political liberty. Yet the judges concluded that, with time, the Bainimarama era and the 2013 Constitution have come to be publicly accepted as the country’s legal order. In the judges’ words, the key question is not merely obedience to fear or coercion, but genuine popular acceptance and support. The ruling also noted that public life in Fiji has continued under the 2013 framework, suggesting a settled legal and political order.
The court highlighted electoral milestones as indicators of that acceptance. It pointed to the 2014 general election, where voter turnout reached about 84.6% and FijiFirst won roughly 59% of the vote, while SODELPA received around 28%. The judgment underscored that the very high turnout and decisive results in favor of the governing framework signaled public endorsement. The Court also cited the 2018 and 2022 elections as further evidence that the 2013 Constitution has guided Fiji’s political process and remained the operative framework.
Implications for constitutional reform
A major element of the decision is the revision of the amendment mechanism itself. The court rejected the long-criticized “double entrenchment” rule that required 75% support in both Parliament and a national referendum. Instead, it established a two-step pathway: amendments would need two-thirds support in Parliament for readings and, for those changes to take legal effect, a simple majority of participating voters in a national referendum. The 1997 Constitution was reaffirmed as no longer applicable within Fiji’s legal order.
The ruling preserves immunities and transitional provisions while enabling a more workable route to reform that balances stability with meaningful public participation. It also keeps the door open to processes such as nationwide dialogue or the possible establishment of a constitutional review mechanism to guide future reforms, ensuring broad public engagement.
What happens next
Parliament is expected to consider proposed amendments under the clarified two-thirds readings threshold, with campaigns to secure a majority of participating voters in referendums when needed. There is growing momentum for public involvement, potentially including a Constitution Review Commission or formal national dialogue to broaden consultation and accountability. The ruling has sparked wide discussion among political actors and reform advocates about the best way to pursue amendments—balancing legal safeguards with democratic legitimacy.
Reactions and outlook
Reform advocates have welcomed the decision as a meaningful step toward greater transparency and citizen participation in Fiji’s constitutional future. They argue that tying changes to both parliamentary support and public consent helps rebuild trust in the process. Some opposition voices have urged caution, emphasizing the need to protect minority rights and ensure inclusive negotiation as reforms proceed. Prime Minister Sitiveni Rabuka has signaled that the Cabinet will study the ruling and map out next steps, stressing the importance of a lawful, inclusive path forward.
Positive takeaway
The advisory presents a clearer, more achievable route for constitutional change that still safeguards stability and the rule of law. By embedding public involvement in the reform process, Fiji aims to strengthen democratic legitimacy and public confidence in its governance, while keeping a stable framework that supports ongoing legal certainty.
Summary
The court’s ruling confirms the 2013 Constitution as Fiji’s valid operating framework, rejects the former 75% double-entrenchment for amendments, and introduces a two-step process—two-thirds parliamentary support followed by a simple majority of referendum participants—to bind changes. The 1997 Constitution is not applicable. The decision signals a move toward a more transparent, participatory approach to constitutional reform, with ongoing dialogue and potential mechanisms for broad public input guiding Fiji’s constitutional future.
Leave a comment