Fiji: Supreme Court opinions carry legal weight, says former lawyer, as ruling on 2013 Constitution looms
Former Fiji lawyer and human rights activist Imrana Lal has warned that a Supreme Court opinion cannot be dismissed as mere advisory, insisting it carries the weight of law and the State must act on it. In a social media post, Ms Jalal urged not to underestimate the legal force of the Supreme Court of Fiji’s opinions, especially those delivered in constitutional reference matters.
She argued that Fiji’s legal system, rooted in British common law traditions, binds the government to follow constitutional conventions that require compliance once the court issues an opinion. “Don’t be mistaken thinking it doesn’t have legal force. It’s like an ‘opinion’ from your parents when you are 10 years old about your behaviour. It’s not really an ‘opinion’, is it? It is more or less telling you what to do,” Jalal wrote. The rule of law, she added, requires action when SCOF provides an opinion, and constitutional convention dictates that such opinions must be followed.
The Supreme Court is due to deliver its ruling relating to the 2013 Constitution on Friday afternoon, in the midst of a broader push for constitutional reform. The court’s work in this area is part of an ongoing dialogue about how amendments should be interpreted and implemented under the current framework, with the government seeking judicial guidance through advisory opinions under Section 91(5) of the Constitution.
Context around this moment includes the government’s ongoing discussions about reforming the amendment framework. Cabinet has signaled its intention to obtain advisory opinions from the Supreme Court on the constitutionality and interpretation of certain provisions within the 2013 Constitution, aiming to address amendment thresholds that many see as rigid. Observers note that such rulings could influence legislative timelines, including elections, and help shape a more transparent, participatory path to reform.
Public engagement and transparency have been highlighted by court officials and political leaders as essential to maintaining trust in Fiji’s constitutional process. Chief Justice Salesi Temo has underscored the importance of public awareness and media coverage to ensure the record remains accessible for scrutiny, with the possibility of judgment notices being issued earlier than previously expected.
What to watch next
– The timing and reasoning of the Supreme Court’s advisory on the 2013 Constitution’s amendment provisions, and how it interfaces with calls for broader reform.
– How the government interprets and implements the court’s guidance, and whether timelines for potential amendments or elections are affected.
– Public reaction and civil society engagement as Fiji continues its constitutional reform dialogue.
Why this matters for readers
– The ruling could clarify how easily constitutional changes can be pursued and whether reforms should lean toward more accessible mechanisms or preserve stringent safeguards.
– It highlights the ongoing balance between upholding legal protections and ensuring that the will of the people is reflected in constitutional change.
– The discussions touch on broader questions of governance, democracy, and public trust in Fiji’s constitutional framework.
Outlook and value-added notes
– The forthcoming opinion is likely to shape the trajectory of Fiji’s constitutional reform, potentially affecting thresholds for amendments, the role of referendums, and the involvement of Parliament versus the courts.
– With leaders urging calm and lawful engagement, the process emphasizes stabil ity while pursuing inclusive reforms that reflect Fiji’s diverse communities.
– Readers should monitor official court updates and government briefings for clarity on next steps, including any timetable changes to potential amendments or elections.
Summary of key context
– The government has pursued advisory opinions from the Supreme Court to interpret amendment provisions within the 2013 Constitution.
– Debates continue over thresholds for constitutional change, including the interplay between parliamentary majorities and referendums, and whether reform should even contemplate reviving older constitutional instruments.
– Public trust hinges on transparent proceedings and the judiciary’s careful balance between legal safeguards and democratic legitimacy. A measured, public-facing approach to reform is seen as essential to Fiji’s democratic stability and inclusive governance.
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