Jagath Karunaratne

Lawyer representing Fiji Labour Party, Jagath Karunaratne told the Supreme Court that the 2013 Constitution has been the supreme law of the land since September 9, 2013.

Karunaratne said that the court’s proposed “reading down” of the Constitution would mean reinterpreting Sections 159 and 160 to limit their use, making them consistent with legal and constitutional principles.

However, he argued that in the current case, it is difficult to see how the court could limit the application of these sections to align them with those principles, calling it a “legal test.”

“The rule of reading down is only for the limited purpose of making a provision workable and its objective achievable. This is not presently the case, illogically. Those who seek to have the court read down such legislation seeks to import political and or democratic notions as an attempt to weaken the effect of Section 159 and 160 and this of course would be impermissible constitutionally given the express provisions of 159 (2) (C).”

Karunaratne further stated that there is no need to read down the relevant provisions of Section 159 and 160 as these provisions are not subject to invalidation as being unconstitutional but rather subject to political maneuvering.

He stated that the Supreme Court does not have the constitutional power to make any declarations of validity as this does not meet the court’s mandate at Section 195 and 98 (3) (C) of the 2013 Constitution.

In a Supreme Court case regarding the interpretation of Sections 159 and 160 of the Constitution, the Fiji Labour Party’s lawyer, Jagath Karunaratne, argued that Fiji has successfully held three general elections under the 2013 Constitution.

He pointed out that the country’s stability has been maintained by following this Constitution, specifically citing Sections 2 and 2.4, which establish it as the supreme law of the land.

He added that based on Section 2.4 of the Constitution, the courts have a duty to ensure that all laws and actions are consistent with the Constitution that rights and freedoms are protected, and that duties are carried out.

This he added means the courts must make sure the laws and actions of the government and others follow the Constitution.

Karunaratne also said that the 2013 Constitution is also the supreme law, which means any other laws that conflict with it are invalid. This includes any future laws that might try to weaken Section 2.4.

The lawyer argued that there is no reason for the courts to abandon their duties under Section 2.4 for the current cabinet reference.

He said this case is different from past cases, like those regarding the 1997 Constitution, which focused on the legal doctrine of necessity and interpretation after it was illegally canceled.

Karunaratne stated that this current proceeding is simply about whether the 2013 Constitution is valid and binding on everyone.

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