A legal dilemma lies at the heart of the ongoing constitutional reference before the Supreme Court, Fiji Labour Party lawyer Jagath Karunaratne told the court during oral submissions this morning.
Appearing on behalf of the FLP, Mr Karunaratne said the Cabinet’s request to the Supreme Court for an advisory opinion under the 2013 Constitution had created confusion about its true purpose, whether it is genuinely seeking an “opinion” or attempting to secure a “solution” to a political and legal question.
“We face a dilemma,” Mr Karunaratne told the full bench.
“While the reference appears to seek an opinion from this Court, the submissions made on behalf of the State suggest it is actually seeking a solution.”
He warned that such ambiguity must not be overlooked and called on the Court to proceed with caution.
Mr Karunaratne urged the Court not to rush into endorsing the State’s interpretation, calling for judicial prudence given the long-term implications for Fiji’s constitutional democracy.
“The submissions made so far suggest an eagerness for the Court to validate a political pathway,” he said.
“But that validation must come only after fully considering the legal and constitutional dilemmas at hand.”
The hearing continues before the Supreme Court.