Fiji’s Constitutional Shake-Up: A New Era of Reform?

Attorney-General Graham Leung has announced the government’s decision to consult the Supreme Court regarding the legality of specific sections of the Constitution. This initiative is part of a larger plan to amend elements perceived as unconstitutional or overly prohibitive in the amendment process.

Leung stressed the importance of adaptability in constitutional frameworks, suggesting that parts of the Constitution that complicate amendments may themselves not be justifiable. He referred to historical precedents, noting that past constitutions from 1970, 1990, and 1997 did not require a referendum for amendments, emphasizing that Fiji has managed constitutional changes without direct public voting.

To streamline the process for constitutional amendments, the proposed Constitution (Amendment) Bill 2025 seeks to reduce the legislative approval threshold from a supermajority of three-quarters to a two-thirds majority in Parliament. This change is consistent with the provisions of the 1997 Constitution, which was previously adopted by unanimity.

Leung highlighted that a Constitution must align with the public will, cautioning that an overly rigid framework fails to serve its intended purpose. He advocated for a transparent and educated dialogue on constitutional reform, urging participants to engage without fear or misinformation, and reaffirmed his commitment to legal frameworks while involving constituents through their elected representatives.

Additionally, Leung emphasized the necessity of thoughtful, bipartisan discussion surrounding these potential amendments, acknowledging that changes to the supreme law require careful deliberation to ensure they do not undermine governance stability.

This initiative reflects a commitment to responsive governance, providing a pathway for democratic participation that could lead to a constitutional structure that better aligns with the populace’s needs and ambitions. The Attorney-General’s intent to engage with the Supreme Court highlights the importance of legal integrity and the rule of law in constitutional affairs.

Overall, the government’s strategy for constitutional reform fosters a positive glimpse into a more accessible and democratic process, promoting constructive dialogue and collaboration across different sectors of society, thus paving the way for a future that respects both the law and the voices of the people.