Former Fiji lawyer and human rights activist Imrana Lal has stressed that a Supreme Court opinion cannot be dismissed as a mere advisory, saying it carries the weight of law and must be acted upon by the State.
In a social media post, Ms Jalal cautioned against underestimating the legal force of the Supreme Court of Fiji’s opinions that will be delivered under constitutional references.
“Don’t be mistaken thinking it doesn’t have legal force,” she said.
“It’s like an ‘opinion’ from your parents when you are 10 years old about your behaviour. It’s not really an ‘opinion’, is it? It is more or less telling you what to do,” Ms Jalal wrote.
She explained that under Fiji’s judicial system, which is rooted in British common law traditions, constitutional conventions dictate that once the Supreme Court issues an opinion, the government is required to comply.
“The rule of law requires one to act when SCOF provides an ‘opinion’. Our system of law based on British common law requires that by constitutional convention an opinion must be followed,” she said.
The Supreme Court will deliver its ruling relating to the 2013 Constitution on Friday afternoon.