The Supreme Court of Fiji heard arguments this morning that the 2013 constitution “was not democratically created.”
Representing the State, Australian Senior Counsel Bret Walker asserted that the 2013 Constitution lacks a democratic foundation.
Mr Walker told the full bench that Fiji’s current Constitution was not subjected to public approval, either directly or indirectly.
“The political history of this country is illustrated most recently by the fact that the 2013 Constitution was not democratically created,” he said.
Mr Walker noted that this was consistent with Fiji’s broader constitutional history, pointing out that none of the country’s constitutions, including the 1970 independence constitution promulgated by the British Crown, were entirely products of democratic processes.
He argued that the legitimacy of constitutional reform rests not only on legal procedure but also on democratic participation.
He stressed that Chapter 11 of the Constitution, which sets out the amendment process, has never been tested at the ballot box, either directly or indirectly, across the three general elections held since 2013.
“The people were never given choices about the whole or any part of the Constitution,” he said.
“The selection of members of Parliament is not, of course, a means in any way of altering the Constitution.”
The hearing continues.