Litia Cava 
The Supreme Court of Fiji has formally recognized the 2013 Constitution as the legally effective Constitution, Chief Justice Salesi Temo delivered today.
The judgment, delivered following a reference from Cabinet under Section 91(5), also addressed the legal status of the abrogated 1997 Constitution, confirming it is no longer applicable.
The Court examined Sections 159 and 160, which mandate a “double supermajority,” 75% of Parliament and registered voters for constitutional amendments.
Chief Justice Temo said this mechanism was virtually unworkable and disempowers the people from effecting democratic change.
The Court therefore qualified its recognition, ruling that amendments should instead require two-thirds of Parliament and a simple majority of voters, maintaining both stability and public participation.
The judgment noted the 2013 Constitution’s wide use in lawmaking, elections, and public reliance, while acknowledging it was imposed on the people rather than chosen by them. Specific provisions protecting immunities and transitional arrangements were upheld.
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