Fiji’s Constitution: Tougher to Change Than Ever?

Fiji’s 2013 Constitution has been described by Attorney-General Graham Leung as one of the most challenging constitutions globally to amend. He emphasized that securing agreement from three-quarters of Parliament members and registered voters for any constitutional change is an exceedingly difficult task, stating, “I think it is easier for a camel to go through the eye of a needle.”

Leung recognized the increasing public demand for constitutional reform and noted that the government is fully aware of this “appetite for change.” He explained that the Coalition Government must contemplate its strategy regarding constitutional review, especially with the approaching legislative schedule leading to the 2026 general election.

“2025 is a crowded year in terms of the Government’s law-making agenda,” Leung remarked, indicating that the coherence of the law-making process will be crucial during this time. He posed an intriguing question about whether changes should be undertaken comprehensively or tackled in stages, suggesting that the government might address smaller, more manageable amendments first or pursue a complete constitutional overhaul.

Moreover, Leung proposed that the government could seek an advisory opinion from the Supreme Court to determine whether the current amendment provisions of the Constitution are themselves constitutional. “If a Constitution is impossible to change, then that in itself is a constitutional question,” he added, hinting at a potential path for future discussions on reform.

This dialogue around constitutional amendments may serve as an opportunity for citizen engagement in governance, fostering discussions on the importance of adaptability and representation in Fiji’s legal system.

In essence, while the challenges surrounding constitutional reform in Fiji are significant, the government’s acknowledgment of public desire for change reflects a proactive stance. The potential for engaging with the Supreme Court could pave the way for clarification and eventual reform, leading to a more responsive constitutional framework.