Filipe Naikaso 
University of Sydney Professor Anne Twomey
University of Sydney Professor Anne Twomey believes that while it’s appropriate to make a constitution harder to amend than ordinary legislation, it should not be impossible to amend.
While presenting at the 26th Attorney General’s Conference, Twomey says Fiji’s current constitutional amendment process, as outlined in Chapter 11 of its 2013 Constitution, has raised significant concerns due to its stringent requirements that make any changes nearly impossible.
The 2013 Constitution mandates a three-quarters special parliamentary majority for any amendment to be considered.
This is coupled with an additional requirement, approval by three-quarters of registered voters in a referendum.
Professor Twomey, drawing from her experience with constitutional law in Australia, expresses empathy for Fiji’s predicament.
She stresses that a constitution that can no longer adapt to the changing needs and values of a society risks becoming a barrier to democratic governance.
Looking to international examples for insight, Twomey referenced the challenges faced by Cyprus in the 1960s and 1970s, where constitutional provisions, originally designed to balance power between Greek and Turkish Cypriots, became unworkable when one group withdrew its participation.
While she acknowledges the difficulty of overturning entrenched constitutional provisions, Twomey suggests that Fiji might find a solution through a democratic review process.
Twomey adds that Fiji’s constitution, like all national frameworks, must evolve to meet the changing demands of its people.
