THE High Court has no jurisdiction to decide on political questions including decisions made by the President, Ratu Josefa Iloilo, between December, 2006 and January 2007.
The lawyer representing the Republic of Fiji, Guy Reynolds, said the actions of the President obviously involved political judgments of various kinds.
He said the executive power exercised in areas of national security was a question that could not be determined by the court.
Mr Reynolds said the crown which the President represented had the prerogative to take necessary steps regarding the state in imminent danger and necessity.
"The crown alone must be the judge of precise emergency and when it is necessary to exercise for example in a time of war against foreign power," said Mr Reynolds.
He submitted there was a civil constitutional crisis from December 2006 to January 2007 which should not be referred to as a coup.
Mr Reynolds said an emergency situation justified the use of the President's reserve power in trying times.
He said the country was at a cross roads and the actions by Commodore Voreqe Bainimarama was valid in law and necessary to move the government forward as indicated in the President's address to the nation in early 2007.
He said the President granted unconditional immunity to the RFMF for eradicating corruption and retrieving an honest path for the government which was part of his extraordinary powers.
"What else was there for the President to do, when Parliament was dissolved, Qarase's government was ineffective as he was in Lau and there was a vacuum in government's machinery," he said.
Mr Reynolds said the actions of the President did not consolidate a revolution and should therefore be appreciated.
He said the President had validated Commodore Bainimarama's actions so there was no utility in deciding whether his actions were contrary to law.
"That cannot be questioned because the President has prerogative powers," said Mr Reynolds.
He said there was only one interim government in place and that Qarase's government no longer existed.
"When the President exercised his extraordinary powers to appoint an interim regime to take Fiji to the next general election the previous ministerial positions were terminated," said Mr Reynolds.
He said the very fact that Qarase's ministers had received pensions amounted to resignation from office and acceptance that their roles had ceased.
"If a minister accepted his admission whether or not it was constitutional, the dismissal took effect when the pension was applied," said Mr Reynolds.
He said it could not be possible for Mr Qarase and his Cabinet ministers to resume office because it served no useful purpose. "It will be disruptive and will stabilise what the President is doing in the interim Government. It will not be productive and will not be in the interest of the President to undermine the interim government."
Mr Reynolds said there was no excuse for Mr Qarase's delay in filing for an injunction immediately after the takeover as that action did not allow the President an alternative but to announce an interim government to run the affairs of the State until the next election.