Attorney General Graham Leung

Attorney General Graham Leung has raised the possibility of seeking an advisory opinion from the Supreme Court regarding the constitutional provisions that govern changes to the 2013 Constitution.

This move would, he said address whether the amendment process itself is constitutionally valid, given the complexities surrounding any attempts to alter or replace Fiji’s supreme legal framework.

Leung stressed the intricate nature of constitutional change and that it was not a matter of simply introducing a new constitution overnight.

The current 2013 Constitution replaced the 1997 Constitution, which was removed under controversial circumstances.

Since then, Fiji has held three elections under the 2013 framework.

Leung pointed out the practical difficulties in reverting to the old constitution, especially given the passage of time and the loss of many parliamentarians from that era.

“We understand the appetite for change, but change has to be conducted or managed in an orderly and systematic manner. If you try and change things hurriedly without careful consideration, you could dismantle a whole range of institutions and cause chaos that was perhaps unintended.”

While the government is aware of the public’s desire for change and is actively listening to calls for reform, Leung stressed that such changes must be conducted in a systematic and orderly manner.

He explained that the government’s priority is to manage the process thoughtfully to ensure that it proceeds without disrupting the country’s functioning legal and political systems.

Leung also acknowledged the complexity of this issue, explaining that a complete overhaul of the Constitution would not be simple.

One possible course of action the government is exploring is seeking an advisory opinion from the Supreme Court on whether the amendment provisions of the 2013 Constitution are themselves constitutional.

If it turns out that the Constitution is effectively impossible to change, that would, in itself, become a constitutional question.

Leung reiterated his belief that a constitution should be a “living, organic document,” one that reflects the evolving will of the people.

He pointed to other countries like the United States, which has amended its Constitution 20 times, and Australia, which has made adjustments over time despite the difficulty of constitutional change.

Leung argued that while a constitution should have a degree of permanence, it must also allow for flexibility when the people demand change that reflects their evolving circumstances.

However, he noted that amending Fiji’s Constitution is a particularly challenging process.

The framework requires the approval of three-quarters of Parliament and the electorate for any amendment, a hurdle that Leung compared to the difficulty of getting a camel through the eye of a needle.

This high threshold makes the process of change exceptionally difficult, though not impossible, in his view.

The Attorney General also touched on the government’s strategy for tackling constitutional reform, which could involve a staged process.

Instead of undertaking a complete overhaul all at once, the government might focus on areas that are easier to amend first, before considering changes.

Leung also encouraged ongoing dialogue and debate, stating that a healthy democracy is one where differing opinions are heard and respected.

He said that the government was committed to ensuring that any changes made to the Constitution reflect the will of the people and are carried out in a manner that is orderly and thoughtful.