At the recent Attorney-General’s Conference held at the Sheraton Fiji Resort and Spa in Nadi, constitutional lawyer Jon Apted discussed the challenges of reverting to past constitutions, specifically the 1997 constitution. He emphasized that too much has transpired since then, making such a transition impractical. Mr. Apted pointed out that logistical issues—like defining the composition of Parliament, the Senate, and the judiciary—pose significant hurdles to a return to the former governance structure.
Apted highlighted proposals suggesting legal avenues to restore the 1997 constitution; however, he argued that the complexities involved in determining who would hold government and judicial positions make this aspect of reform overly complicated. He stated, “How does a restored constitution work? How would an election be organized?” These questions underline the difficulties ahead.
Despite these challenges, Apted portrayed Fiji’s current political climate as a unique opportunity for change. With the FijiFirst party’s diminishing presence and ongoing discussions among its remaining members, there seems to be a newfound willingness to consider constitutional reform.
He also noted a recent Supreme Court ruling on judicial qualifications, suggesting that the judiciary is open to a more creative approach to interpreting the constitution. This could signal an openness to new ideas that align with the current political landscape.
Mr. Apted has mentioned other reform proposals, including conducting a referendum and examining the 2013 Constitution’s validity due to procedural concerns. However, he raised questions regarding the feasibility of a referendum, particularly concerning how to phrase questions and establish thresholds for accepting parts of proposed changes.
His comments come amidst rising calls for reconsideration of governance structures in Fiji, suggesting that while reverting to past frameworks may prove impractical, there exists room for dialogue and innovative solutions moving forward. This potentially positions Fiji on the brink of meaningful constitutional reform that reflects the current needs of its society.
In summary, while reverting to the 1997 constitution is deemed impractical, the ongoing dialogue about constitutional reform illustrates a positive step towards adapting governance structures to better serve the people of Fiji. This could lead to a more inclusive and responsive political environment.
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