Amicus Curiae highlights “conundrum” in 2013 Constitution case

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Lawyer Andrew Butler making his submission in court this morning – FIJI GOVERNMENT

Prominent New Zealand constitutional lawyer Andrew Butler, appearing as amicus curiae in the Supreme Court proceedings, has described Fiji’s constitutional amendment process as presenting a “conundrum,”.

In his oral submissions this morning, he acknowledged the complexity and rigidity of Fiji’s 2013 Constitution.

“What the parties and the court have been exploring is what I am referring to as a conundrum. Others may call it a dilemma,” he said.

He elaborated that the entrenched amendment provisions make Fiji’s constitution among the “most difficult to alter” but stressed that this fact alone should not be seen as problematic.

“There are many constitutions that are difficult to amend, that is not, of itself, a cause for concern.”

“There are democratic systems where this is the case.”

The hearing continues this hour.