Australian barrister Bret Walker SC has told the Supreme Court of Fiji that the Constitution must reflect the will of the people, as he opened submissions on behalf of the State in a landmark constitutional reference case.
Mr Walker, appearing as lead counsel in the case brought by Cabinet, outlined two core features of Fiji’s constitutional framework before the judges.
He said parliamentary democracy and the rule of law both must work in tandem to uphold the legitimacy of self-government.
“There are at least two fundamental features of the Fijian polity reflected in its Constitution,” he said.
“First, democracy through parliamentary government… and second, the rule of law, given effect by judicial enforcement.”
He emphasised that democracy, by definition, requires the ability of the people, through periodic elections and their elected representatives, to amend their own Constitution.
Denying that power, he said, would contradict not only democratic principles but also the dignity of the voters.
“It is a contradiction of democracy understood in that ordinary way to deny the voters the capacity to alter any existing provisions by the means constitutionally provided.”
Mr Walker further submitted that Parliament, as the lawmaking body representing the people, has already demonstrated its role by trying to pass a Bill with had the support of 40 out of 55 Members of Parliament.
“Parliament is the organ under the Constitution for lawmaking on behalf of the people.”
“It is Parliament that can bring about the proper, non-contradictory position concerning the Constitution’s own amendment provisions.”
The hearing will continue for whole of the day.