Fiji Court sets clearer path for constitutional reform
The Supreme Court has ruled that the long-standing 75 percent threshold for constitutional change is not workable and should be replaced with a two-step process: two-thirds support in Parliament for readings, followed by a referendum in which a simple majority of voters would bind any changes. The decision provides a workable mechanism for amending Fiji’s 2013 Constitution while maintaining important safeguards and public participation.
Prime Minister Sitiveni Rabuka welcomed the ruling, saying it offers certainty on how Fiji can amend its Constitution and creates a stable, transparent pathway for reform. He noted that Cabinet will study the opinion before announcing the government’s next steps, and emphasized that the Coalition Government chose to seek the court’s guidance rather than push changes through unilaterally. Rabuka reiterated the ruling’s thrust as a demonstration of commitment to the rule of law, inclusive governance, and democratic reform, adding that it ensures the people will have a decisive say in Fiji’s future.
Observers have framed the ruling as a major shift from the previous high bar, which many argued was a barrier to legitimate reform. It aligns with ongoing debates in Parliament about making constitutional change more attainable without sacrificing legitimacy. The decision also leaves room for a potential national dialogue and possibly a constitutional review process to guide reforms with broad public input, as suggested by reform advocates in related discussions.
Context from prior conversations and discussions indicates that reform efforts have repeatedly faced hurdles in obtaining the required votes, with around 70 percent support in Parliament (roughly 38 of 55 seats) and several votes still short of the needed thresholds. The court’s judgment, however, reframes the approach: permission to proceed via two parliamentary readings plus a referendum, subject to public participation and judicial oversight. Analysts warn that while the path is clearer, it will still demand sustained engagement with diverse communities and careful sequencing to maintain stability and public trust.
What this means for Fiji going forward
– A two-step amendment process is now the official pathway, balancing parliamentary majorities with direct voter input.
– Public participation and transparency are likely to be emphasized as reforms proceed, potentially through a formal constitutional review mechanism or national dialogue.
– The government’s next moves will hinge on Cabinet deliberations and stakeholder consultations before any concrete proposals are forwarded to Parliament.
Value-added notes
– This development could help unify Fiji’s multi-ethnic and multicultural landscape by providing a process that respects both representative and citizen voices.
– Watch for announcements about any establishment of a constitutional review commission or a formal, nationwide consultation framework to guide reform proposals.
– Civil society and opposition voices may push for inclusive processes that ensure all communities have a seat at the table in shaping the nation’s refreshed charter.
In an optimistic light, the ruling offers a more participatory and accountable route to constitutional reform—one that preserves the rule of law while inviting broad public engagement. Fiji stands at a crossroads where a clearer, more inclusive framework could strengthen democratic legitimacy and allow the constitution to better reflect the will and rights of all Fijians. The coming weeks and months will reveal how the government translates this advisory ruling into concrete steps and meaningful dialogue with citizens.
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