Fiji's Constitution at a Crossroads: Will Change Finally Come?

Fiji’s Constitution at a Crossroads: Will Change Finally Come?

Attorney-General Graham Leung has stressed the necessity for amendments to the 2013 Constitution, emphasizing that the Constitution should evolve to reflect the needs and desires of the populace. During a debate on the Constitution (Amendment) Bill 2025 in Parliament, Leung pointed out that the current amendment process is exceedingly difficult, requiring a supermajority of three-quarters approval both from Parliament and from registered voters in a referendum. This high threshold has rendered the Constitution one of the hardest to amend globally, which Leung argues undermines the principle of popular sovereignty.

Leung articulated that this rigidity can inhibit necessary changes and has historically contributed to political instability in Fiji, referencing past coups in 1987, 2000, and 2006. He criticized the Constitution’s design, suggesting it serves to maintain control over the populace rather than empower them to enact change responsive to their evolving needs.

Coupled with his current remarks, previous statements by Leung indicate that the coming year, 2025, will be pivotal as it leads to the general elections anticipated in 2026. The government is reportedly considering multiple approaches to constitutional amendments, possibly including a phased or incremental strategy to initiate change, prioritizing more manageable adjustments first before tackling more substantial reforms.

Leung warned that constitutional amendments require careful deliberation and a collaborative approach, involving discussions with political factions and civil society to ensure broad support. He acknowledged the challenges highlighted by scholars, such as Professor Anthony Reagan, around the difficulty of garnering needed consensus for changes.

Overall, this dialogue reflects a renewed commitment to a responsive governance model. By fostering constructive public discourse around constitutional reforms, there exists a promising opportunity for government to align the Constitution more closely with the aspirations of its citizens, thereby strengthening democracy in Fiji. The emphasis on inclusive dialogue and respect for differing perspectives showcases a hopeful pathway toward meaningful change in the country’s legal framework.


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