Fiji’s Attorney General, Graham Leung, has expressed significant concerns regarding the implications of abolishing the 2013 Constitution in favor of reinstating the 1997 Constitution. He argued that such a move would create a constitutional and administrative vacuum, jeopardizing the legitimacy of the current Parliament, Government, and President. Leung stressed that if the Supreme Court were to declare the 2013 Constitution void ab initio—meaning illegal from the start—the government would lack legal authority until new elections could be organized under the 1997 framework.
Leung pointed out the complexities involved in seeking this declaration, particularly given the long-standing operation of the 2013 Constitution, which has facilitated three elections and the appointments of current judges. Reverting to the 1997 Constitution would necessitate a temporary arrangement to legitimize government institutions that currently do not exist under that framework, creating a precarious situation for governance.
The Attorney General emphasized that such a transition is not merely a legal formality but would require careful deliberation and a strategic approach to avoid destabilizing Fiji’s political landscape. He articulated that the judicial system would face immense pressure, as judges appointed under the 2013 Constitution might be reluctant to declare it illegal. This sentiment resonates with opinions noted during recent discussions by constitutional experts, including those who caution against the ramifications of reversing constitutional governance which has been foundational for political stability.
Leung’s analysis aligns with the insights shared by constitutional lawyer Jon Apted, who also considers the practicalities of reverting to the 1997 Constitution as exceedingly challenging, given the considerable changes in Fiji’s political environment since 2013. He highlighted a “unique moment for change,” indicating potential opportunities for reform as political dynamics evolve.
Additionally, Australian constitutional lawyer Anne Twomey has raised concerns similar to those of Leung, emphasizing that reverting to past frameworks could disrupt the legal and social structures that have developed under the 2013 Constitution. Twomey noted that while altering the constitution is inherently complex, an effective approach to reform requires an understanding of both historical contexts and contemporary societal needs.
This ongoing dialogue suggests there may be viable pathways toward constitutional reform that reflects the public’s desire for adaptability in governance. Both Leung and other legal experts advocate for a nuanced discourse on constitutional matters, emphasizing that constructive collaboration among political factions could support a democratic future that addresses the evolving needs of the Fijian populace. The current discussions indicate a recognition of the critical role that constitutional dialogue plays in fostering responsive and responsible governance, leaving room for a hopeful path forward in Fiji’s democratic evolution.
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