Students draft blueprint for proposed Constitution

Students at the University of Fiji’s Justice Devendra Pathik School of Law have put forward a proposed Constitution that reimagines how Fiji’s Parliament, elections and public institutions could operate.

The document was prepared by the Law 205 Class of 2026 and sets out a broad constitutional framework covering Parliament, representation, public participation, rights and Government accountability.

At the centre of the students’ proposal is a two-chamber Parliament, with an elected 71-member House of Representatives and an appointed Senate.

The proposed House would have 35 members elected from geographical constituencies and 36 through proportional representation.

The students envisage the Senate as a body that would provide additional scrutiny of legislation and give representation to communities that could otherwise be under-represented in the elected chamber.

The draft specifically identifies Rotumans, Banabans and other minority communities, women, youth, persons with disabilities, landowning communities, smaller and remote communities, and island communities.

The Senate could scrutinise Bills and recommend amendments but would not be used to frustrate the democratic mandate expressed through the House.

The students also propose an Independent Boundaries Commission to determine and periodically review constituency boundaries independently of political parties and Government.

Their proposed system would require public consultation on major Bills, including hearings, written submissions and community consultations, with Parliament required to consider submissions before final consideration.

The draft also tackles emerging issues, proposing constitutional rights relating to internet access, personal data, digital identity and the use of artificial intelligence in Government decision-making.

It proposes that people affected by significant automated decisions should be told when artificial intelligence is materially used, receive an understandable explanation, request human review and challenge unlawful or discriminatory decisions.

The students’ proposed rights framework also includes the right to a clean, healthy and sustainable environment, as well as reasonable access to food, clean water, housing, healthcare, social security, education and essential public services, subject to available resources and progressive realisation.

The proposed Constitution would further strengthen parliamentary committees, giving them powers to summon witnesses, request documents, investigate Government programmes and examine public expenditure.

The proposed Constitution was also sent to Prime Minister Sitiveni Rabuka for his consideration.