Australian National University Constitutional Law expert, Professor Anthony James Regan, is concerned with the structure of the 2013 Constitution, emphasizing an unprecedented concentration of power within the executive branch.
Professor Regan explains the focus is usually on the executive, the cabinet, and the ministers, with the Prime Minister being considered the first among equals.
Professor Regan states that the 2013 Constitution mentions the Prime Minister 111 times, which is extraordinary.
He further says the unusual structure is that the Attorney General is seldom mentioned in the Constitution, but the AG is mentioned 66 times in the document.
“Sometimes it’s mentioned because it’s stated that if there is no lawyer elected in the parliament that can be appointed as attorney general, you can have it from outside, a lawyer from outside, as has happened.”
Professor Regan suggests that the frequent mentions of these positions in the Fiji Constitution are indicative of an intentional effort to concentrate power in the hands of specific individuals, particularly those involved in drafting the constitution.
He warns that the implications of this concentration of power are profound and that it undermines the effectiveness of accountability mechanisms essential for good governance.
Professor Regan’s analysis sheds light on the fundamental structural issues within Fiji’s governing document, prompting calls for a reassessment to ensure a more balanced distribution of power and stronger accountability measures.