Fiji’s Constitutional Overhaul: A Step Towards Democratic Reforms?

Fiji’s Attorney-General Graham Leung has revealed plans to obtain an advisory opinion from the Supreme Court regarding the constitutionality of specific provisions in the 2013 Constitution. This move is part of the government’s strategy to amend sections of the Constitution that are considered conflicting or unconstitutional.

Leung stated that expert legal opinions have raised concerns regarding provisions that make constitutional amendments excessively difficult or even impossible. The government believes these provisions may undermine the rule of law. As such, the objective behind the Constitution (Amendment) Bill 2025 is to simplify the amendment process, allowing for a more accessible path to change.

Notably, Leung highlighted that prior constitutions—those of 1970, 1990, and 1997—did not require public referendums for amendments. He asserted, “We have never had any referendum in this country,” and emphasized the importance of parliamentary representation, advocating for a shift from a required three-quarters majority to a two-thirds majority for any constitutional changes. This two-thirds majority mirrors the approach taken in the widely accepted 1997 Constitution.

While the government expresses optimism about pursuing these amendments, Unity Fiji Leader Savenaca Narube has raised concerns that the focus on constitutional reform could be a strategic tactic without genuine safeguards for review. Narube is leading a working group that intends to challenge the Constitution’s legalities in court, assuring the public that the process will be handled professionally to maintain stability during the transition to any new constitutional framework.

This movement towards constitutional reform is a noteworthy opportunity for Fiji to strengthen its democratic processes. By tackling the complexities of the current Constitution and fostering an open dialogue, the government aims to cultivate a more inclusive environment in line with democratic ideals.

The discussions surrounding constitutional amendments indicate the government’s readiness to adapt to the evolving needs of the citizenry. This is a positive development that suggests Fiji is moving toward a more participatory form of governance, one that harmonizes with the collective voice of its people and bolsters the foundations of democracy.