The Electoral Law Reform Commission chairman, Daniel Fatiaki, recently discussed the role of the Supreme Court in constitutional matters during an interview on The Lens@177. He emphasized that while the Supreme Court’s opinions should be taken seriously, they are not legally binding, reinforcing that the Government is not obligated to follow these views.
Fatiaki explained that the judgments provided by the Supreme Court can often be shaped by the questions posed to the court, suggesting that careful framing of these questions is essential. He articulated that it is more effective to address smaller, specific inquiries regarding constitutional issues rather than broad, overarching questions. For instance, he pointed out that questioning the overall validity of the 2013 Constitution might not yield productive guidance.
Acknowledging the potential usefulness of a Supreme Court opinion, he expressed concern that the Commission may complete its work before the court arrives at any substantial pronouncement, given the limited time left in their legislative schedule.
This discussion aligns with recent moves by the Fijian government, as Attorney-General Graham Leung has announced plans to approach the Supreme Court for an advisory opinion on the constitutionality of certain provisions within the 2013 Constitution. The intent is to address amendments that have been deemed too rigid and inaccessible, reflective of a broader desire for constitutional reform that resonates with the public’s call for change.
The government’s ongoing conversation about constitutional reform is a positive sign, indicating a willingness to evolve and adapt governance frameworks to better reflect the needs and aspirations of Fijians. Engaging in meaningful dialogue with various stakeholders, including the judiciary, presents an opportunity for Fiji to enhance its democratic practices and create a more inclusive governance structure for its citizens.
Leave a comment