Supreme Court has no jurisdiction to hear the Constitution matter – Law Society King’s Counsel

The Supreme Court has no jurisdiction to hear the Constitution matter by answering the three questions before it, and it must be careful about what it is being invited to do.

While making submissions in the case where the Cabinet has sought the Supreme Court’s opinion on the interpretation and application of the 2013 Constitution, Fiji Law Society King’s Counsel, Moses Grant argued that the issue is political, not judicial.

He says the Constitution provided the framework for the Rule of Law in Fiji since it came in effect on September 7th, 2013 and it is the supreme law.

The King's Counsel says the Fiji Law is designed to enable change and Chapter 11 sets out the circumstance in which it can be amended.

Grant says the Constitution as presently stands provides it to be amended by vote of the representatives of the people and people whose rights are governed by the Constitution.

Grant says the 2013 Constitution is difficult to amend but not impossible, and the provisions are such to protect the high law.

He says that answering the questions would require the Court to look behind the Constitution, which is the very basis of its jurisdiction, and that doing so would be inconsistent with the oath and affirmations taken by all judges of the Court.

The King's Counsel further submitted that the test of efficacy is not one of merit, but of whether the new legal order is in control of the country with the agreement of the population.

Grant questioned the urgency in bringing the matter to Court after the first Bill failed, saying nothing has been explained about what exactly needs to be changed.

Grant further says that the values, object and purpose of the Constitution must be rooted in and drawn from the text because it’s purpose is to provide guidance on interpretation but not to provide a basis for invalidating its provisions.

He adds that after the Bill was not passed, the matter was rushed to the Supreme Court with claims that it is impossible to amend the Constitution.

The submissions continue today.