Fiji Labour Party lawyer, Jagath Karunaratne says the 2013 Constitution is not only legally effective but also the supreme law of the land and those who attempt to read down such legislation are trying to import political or democratic notions in an effort to weaken the effect of Section 159, which would be constitutionally impermissible.
While making his submission in the matter where the State has sought the opinion of the Supreme Court in the interpretation and application of the amendment provisions of the 2013 Constitution, Karunaratne says the State appears to be attacking the rule of law as it seeks to make it easier for them to change the Constitution so that they do not have to abide by the concept of equality in a liberal democracy and they do not have to respect human and minority rights if it becomes inconvenienced to the majority.
His co-counsel Siddharth Nandan says the State has put the cart before the horse and they should do the test and determine whether it is constitutional or not.
Nandan says Parliament can still pass the legislation by the rules of the referendum.
He says the State is asking to reduce the threshold requirements that allow it to change the Constitution and therefore by implication, it is also weakening the protections of those entrenched rights.
The counsel say if they have enough support within Parliament one day, public will vote in its own right and will achieve that 75 percent to change those things and make those protections firmer.
The hearing continues in the Supreme Court.
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