Fiji Labour Party lawyer Jagath Karunaratne has delivered a strong warning to the Supreme Court, accusing the State of trying to weaken constitutional protections in a way that would shift Fiji backward, from “the rule of law to the rule of man.”
In his submission during the constitutional reference hearing, Mr Karunaratne told the Court that the State’s move to simplify the amendment process under the 2013 Constitution was not just a legal argument, but an assault on fundamental democratic values.
“It is a journey from rule of man to rule of law,” he said.
“What the State appears to be doing in this proceeding, we submit respectfully, is an attack on the rule of law.”
He argued that by attempting to make it easier to amend the Constitution without a referendum, the State was seeking to sidestep vital safeguards meant to protect the rights of all citizens, especially minorities.
“It seeks to make it easier for them to change the Constitution so that they do not have to abide by the concept of equality in a liberal democracy.”
“So that they do not have to respect human and minority rights if it becomes inconvenient to the majority.”
He warned that such a shift in constitutional interpretation would undo the progress made toward democratic accountability and could open the door to majoritarian abuse.
Calling it a deliberate step backwards, Mr Karunaratne said the proposed approach represents more than a legal issue.
“This is, we submit respectfully, an attempt to revert back to the rule of man. It is an attempt to upend the existing legal order.”