In a landmark step toward potential constitutional reform, Cabinet has formally sought the Supreme Court’s opinion on critical questions about how Fiji’s Constitution is interpreted and applied.
The decision, endorsed recently, was filed in the Supreme Court registry last Friday, May 16, under Section 91(5) of the 2013 Constitution.
This is an unprecedented step by the Cabinet in seeking judicial clarity on the legal mechanics of constitutional change.
At the heart of the referral are sections 159 and 160, the amendment provisions of the Constitution, which Cabinet says impose a “high threshold” for change, making any review or reform of the supreme law “extremely challenging”.
In what the Government describes as a principled and transparent approach to constitutional law reform, the matter is now officially before the judiciary.
The reference, filed through the office of the Solicitor-General, is listed for a directions hearing on Friday, May 23 before Chief Justice Salesi Temo, president of the Supreme Court.
The court is expected to set a timetable for the filing of legal submissions and provide guidance on how the case will proceed.
“The Government recognises the complexity and legal significance of this referral,” Cabinet said in a statement.
“It is committed to engaging in the process of constitutional law reform in a transparent manner that is consistent with the rule of law.”
