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Govt can look at legal avenues to challenge the 2013 Constitution – Prof. Regan

Govt can look at legal avenues to challenge the 2013 Constitution – Prof. Regan

By Navitalai Naivalurua
02/08/2024
Australian National University Professor of Constitutional Law Anthony James Regan

The Government can look at legal avenues to amend the 2013 Constitution as it was imposed by the military regime and the people were not consulted on its implementation.

While speaking at the Fiji National University Nasinu Campus on the topic “Constitutional Change in Fiji-Looking to the Future”, Australian National University Professor of Constitutional Law, Anthony James Regan says it is shocking that Fiji has had 5 Constitutions and this has occurred because due processes were not followed.

He says the wording and provisions of the Constitution have been unintelligible, and proper English was not used.

Professor Regan says amending the Constitution will take time because the two-thirds majority provision must be removed or amended first.

He is asking why a regime would use such provisions in it’s Constitution because it denies the rights of the people in the future.

The Australian National University Professor says another failure of the 2013 Constitution is the implementation of important Independent Commissions, such as the Truth and Reconciliation Commission but it was not followed through.

He says it is also shocking to see that the Prime Minister is mentioned 111 times and the Attorney General is mentioned 66 times in the 2013 Constitution, which shows that the power of authority is in the hands of two people.

Professor Regan says former Prime Minister Voreqe Bainimarama had said that he was mounting a coup in 2006 to protect the 1997 Constitution, but he did not follow through as the 2013 Constitution did not have anything from the 1997 Constitution.

Attending the seminar last night were Prime Minister Sitiveni Rabuka, Attorney General Graham Leung, Minister for Justice Siromi Turaga, Minister for iTaukei Affairs Ifereimi Vasu, Opposition Leader Inia Seruiratu, Opposition MP Jone Usamate, Cabinet Ministers, members of the legal fraternity, and members of the public.


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