The Fijian government is currently pursuing clarification from the Supreme Court regarding constitutional provisions that impede amendments. Attorney-General Graham Leung has stated that this move is essential to ensure that any reforms to the Constitution can be conducted lawfully. The Constitution Amendment Bill 2025, which was recently presented in Parliament, aims to lower the required threshold for constitutional changes.
Currently, amending the Constitution necessitates the approval of three-quarters of both Parliament and registered voters in a referendum. The new proposal seeks to reduce the parliamentary majority required from three-quarters to two-thirds, aligning it with the standards established in the 1997 Constitution. Leung emphasized the government’s dedication to constitutional reform in a manner that complies with legal frameworks.
Leung has highlighted the impracticality of the existing amendment process, pointing out that with an anticipated electoral roll of around 750,000 by 2026, it would require approximately 562,000 votes from a referendum, making changes seem nearly impossible. He has expressed that certain provisions within the current Constitution may need review, including those that restrict voting rights for Fijians living abroad and those limiting human rights.
Adding to his comments, Leung noted the concentration of power within the role of Attorney-General and raised concerns about provisions that could negatively impact trade unions and smaller political parties. He has dismissed opposition claims that their amendment approach is improper, stating that current standing orders must conform with the Constitution.
Drawing from earlier discussions, this ongoing dialogue reflects a broader ambition for democratic growth in Fiji. The call for constitutional amendments has gained momentum following the recognition of desires from the public for change, with reforms having been a focal point during the 2022 electoral campaigns. The government aims to engage citizens in the constitutional review process through means such as a proposed Constitution Review Commission.
This proactive approach toward constitutional reform represents a significant opportunity for Fiji to strengthen its governance structure and foster a more participatory framework, potentially leading to a more equitable and representative legal system that reflects the needs and aspirations of its populace.
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