[Source: RFMF/ Facebook]
Constitutional law expert Professor Anthony James Regan from the Australian National University clarifies the misconceptions surrounding the constitutional role of the military in Fiji.
He emphasized that the military’s claim as the guardian of the constitution is unfounded.
Speaking during the Vice Chancellor Leadership Seminar held at the FNU Campus in Nasinu, Professor Regan states that Section 131(2) of the Fijian constitution is the only provision that discusses the military’s role; however, this section does not confer upon the military the right to act as the guarantor or guardian of the constitution.
Professor Regan calls for a reassessment of the military’s self-assigned role and highlight the importance of adhering to the constitutional text and its intended purpose.
He states that the military has long asserted its role as the protector of the constitution, justifying its stance by referencing this particular constitutional provision; however, this claim has been used to legitimize their actions in maintaining the gains of the 2006 coup.
Professor Regan, an expert in constitutional law, emphasizes that the primary role of the military worldwide is to address external threats.
He says that while constitutions might occasionally grant militaries an internal role, such provisions are typically reserved for exceptional circumstances, such as emergency situations.
Professor Regan emphasizes that these roles come with clear limitations.
When asked about the role of the military, as pointed out by Professor Regan, Attorney General Graham Leung stated that Professor Regan’s statement is clear.