Australian National University Professor of Constitutional Law, Anthony James Regan is surprised that the courts in Fiji were not willing to be involved in the review of the 2013 Constitution after prominent lawyer Aca Rayawa from Rayawa Law said if they file a case in court, the Court Registry is not allowed to accept any challenge to the wording of the Constitution itself.
While questioning the referendum regarding the Constitution, Rayawa says he was the first person in 2013 to file a constitutional redress but the court couldn't make a judgment on that application until the former Chief Justice passed away in 2023.
He says his case sat there for 10 years and the former Chief Justice couldn't rule on it because the implications would be detrimental to the State.
Rayawa agreed that the 2013 Constitution was not a well-thought-out document and it was not good for the public.
He also asks if the Attorney General can refer this matter to the International Court of Justice.
Responding to Rayawa’s question, Professor Regan says he is not familiar with the jurisdiction of the International Court of Justice, but it would surprise him if it had jurisdiction either in terms of constitutional matters.
He says if the registry were to reject the application, they could get an order from the Supreme Court telling them to go away and behave themselves.
He further says the Supreme Court judgment on the 28th of June found that several provisions of the Constitution are meaningless and they were not in proper English.
