Supreme Court: 2013 Constitution ‘legally effective’

The Supreme Court of Fiji has ruled that the 2013 Constitution is the legally effective constitution of the country.

Delivering the advisory opinion this afternoon, Chief Justice Salesi Temo said the court was bound to recognise the constitution under common law.

“As a matter of common law, the court holds that it should recognise the 2013 Constitution as the legally effective constitution of Fiji,” he said.

“It so holds having regard to the time that has passed since its inception, the many laws that have been passed under it, and the three popular elections that have been held under it.

“The court takes judicial notice that individuals and business will have organised their affairs and made their arrangements in reliance upon it.

“It does not follow that everyone admires or respects the 2013 Constitution. However, it was imposed on the people, not chosen by them. There is therefore a democratic deficit.”

The ruling comes after the court heard heated arguments last week during submissions from August 18–21.

The Fiji Law Society (FLS) and the Fiji Labour Party (FLP) strongly opposed the court’s involvement, arguing it had no jurisdiction to alter or relax constitutional amendment provisions.

The court sat at 2.30pm today to deliver its long-awaited opinion, which has been closely watched given the ongoing debate over the legitimacy of the 2013 Constitution.