The Supreme Court has been told that Fiji’s 1997 Constitution remains the country’s lawful constitution because it was never legally abrogated and was built on democratic foundations.
Representing the Ioane Naivalurua group in Parliament, counsel Tevita Vakalalabure argued yesterday that the 1997 document carried enduring legitimacy because it was developed with full public participation and approved by Parliament.
He urged the court to reflect on what Prime Minister Sitiveni Rabuka said when introducing the 1997 Constitution Bill in Parliament on June 23, 1997.
“What will give legitimacy to our Constitution is the principle that it has been developed with the free and full participation of everyone.
“It provides for a system of parliamentary government based on the consent of the people.”
Mr Vakalalabure argued the 2013 Constitution lacked those same foundations.
He said it was drafted by a small group of officials without broad public consent and therefore could not claim the authority to represent the will of the people.
“By that standard, a constitution cannot claim lawful legitimacy today, and in our view, 50 years from now,” he said.