Fiji’s Attorney-General Graham Leung has announced plans to seek an advisory opinion from the Supreme Court concerning the constitutionality of certain provisions within the 2013 Constitution. This initiative is part of the government’s effort to amend sections of the Constitution deemed either conflicting or unconstitutional.
During his statement, Leung indicated that expert legal advice has raised concerns about provisions that make constitutional amendments exceedingly difficult or even impossible. This has led the government to believe that such provisions might not uphold the rule of law effectively. The goal of pursuing the Constitution (Amendment) Bill 2025 is to lower the threshold for amending the constitution, making the process more accessible.
Leung further pointed out that previous constitutions—those established in 1970, 1990, and 1997—did not necessitate public referendums for amendments, stating, “We have never had any referendum in this country.” He expressed confidence that the will of the people is adequately reflected through their elected representatives in Parliament, advocating a shift from a three-quarters parliamentary majority to a two-thirds majority for constitutional amendments, a figure used in the now-universally accepted 1997 Constitution.
While the government is optimistic about these changes, Unity Fiji Leader Savenaca Narube cautioned that the emphasis on constitutional amendments might be a tactical maneuver without genuine provisions for review in place. Narube emphasized a commitment to adhering to proper legal processes as he leads a working group focused on challenging the legalities of the Constitution in court. He reassured the public that this court challenge will be conducted professionally, aiming to ensure stability during the transition to a new constitutional framework.
Overall, this push for constitutional reform represents a significant opportunity for Fiji to enhance its democratic processes. By addressing the complexities embedded within the current Constitution and engaging in open discourse, the government aims to foster a more inclusive environment conducive to democratic aspirations.
The conversation about constitutional changes suggests a willingness on the part of the government to adapt and evolve with the needs of its citizens. This is a hopeful sign that Fiji is positioning itself toward a more participatory governance structure, one that aligns with the collective voices of its people and strengthens democracy.
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