Fiji’s Attorney-General Graham Leung says a key legislative agenda programme for this session of Parliament is to introduce a bill to amend the 2013 Constitution.
Speaking in Parliament, Leung said there have been concerns across the political spectrum over the rigorous amendment process outlined in Chapter 11 of the Constitution.
Leung said the Constitution is a living, organic document that should reflect the wishes and broad consensus of the people it governs.
“Paradoxically, a constitution that is impossible to change or near impossible to change is the very antithesis of democracy. Its rigidity carries the seeds of potential disaffection and instability.”
He said it should be the product of wide citizen participation, not something that is imposed on the people
“An imposed Constitution lacks legitimacy,” he said.
“We should not fear discussing or making changes to our Supreme Law. I recognise that it is human nature to fear what we do not know or understand. But change is part of our evolution as a young democracy.”
The Attorney-General said the politic of fear-mongering is for the misguided and the ignorant.
“A country’s constitution is a living, organic document that should reflect the wishes and the broad consensus of the people it purports to govern. It should be the product of wide citizen participation and not something that is imposed on the people.”
Leung added that the USA Constitution adopted in 1788, has had 27 amendments, while the Constitution of India has had 106 amendments since its establishment in 1950.
In January, Fiji Cabinet announced and approved measures to initiate the review of the 2013 Constitution.
A Bill to amend relevant provisions of Chapter 11 of the Constitution will be finalised for tabling in Parliament.
A Constitution Review Commission (the Commission) is also expected to be appointed to engage the people of Fiji in a consultative process regarding the 2013 Constitution.
The 2013 Constitution has been subject to wide criticism since its imposition. The criticisms relate both to the manner and process leading to its adoption, as well as aspects of its substantive content.
Prime Minister Sitiveni Rabuka offered that Constitutional review or changes featured prominently in most political parties’ campaigns during the 2022 general elections.
With the Cabinet’s endorsement, both the bill and the CRC will now form part of the Coalition Government’s Legislative Programme of 2025.
