Constitutional law expert Professor Anthony Regan asserts that the Coalition Government came to power “by the skin of its teeth.” Given this narrow victory, he argues that it is not viable to leave the 2013 Constitution “as it is.”
Speaking at Fiji National University’s (FNU) Vice-Chancellor’s Leadership Seminar in Nasinu on Thursday, on the topic “Constitutional Change in Fiji: Looking to the Future,” Prof Regan expressed concerns about the 2013 Constitution’s stability.
“Do you leave it as it is now and say it’s too difficult to change? That’s an option,” he stated. “And you might argue that’s acceptable because the new regime appears fair and thoughtful and will act justly. However, even fair governments face temptations under pressure.”
He criticized the electoral system, describing it as designed to entrench those in power. Despite this flawed system, the Coalition Government narrowly secured its position. According to Prof Regan, this system increases the risk of less favorable governments gaining power in the future, potentially leading to significant problems.
“There’s no guarantee future elections will consistently yield good outcomes. If a government with less honorable intentions takes power, it has the authority to override human rights and compromise accountability institutions,” he warned.
Prof Regan also noted that the recent parliamentary remuneration controversy has compounded the nation’s challenges. He believes that with a sufficient majority in the House, it may be possible to achieve the 75 percent majority required to amend the Constitution.
He suggested potential reforms, including amending electoral legislation and implementing compulsory voting to increase voter turnout, which could support constitutional changes. However, as Prof Regan emphasizes, achieving reform will require widespread support and unity.
This effort would involve awareness campaigns to elevate public understanding and encourage participation in the reform process. Spreading this message widely and garnering public buy-in for constitutional amendments will be crucial.
Professor Regan’s views on these matters will likely spark important discussions, encouraging people to consider their involvement in the reform process. He suggests that if left unchanged, the current Constitution remains vulnerable to abuse by future governments.
Hence, as a nation, it is essential to deliberate carefully on the steps moving forward. The complexities and major challenges we face necessitate thoughtful consideration and dialogue.