Apenisa Waqairadovu 
Lawyer Bret Walker, representing the State, delivered his right of reply this afternoon in the ongoing case concerning sections of the 2013 Constitution.
Walker told the court that judges have a clear role and cannot simply refuse to answer the questions before them, even if the issues are complex.
He emphasized that the court’s duty is to provide guidance on the interpretation and application of the Constitution.
He explained that the court has jurisdiction to consider the 2013 Constitution, citing its acceptance and treatment as the country’s supreme law under recent governments.
Walker highlighted that the Constitution has been recognized and applied in practice, which reinforces the court’s authority to interpret its provisions.
Addressing arguments from other parties who claim the 1997 Constitution should still apply, Walker said the court must assess the effectiveness, or “efficacy,” of the current regime and its laws, including instruments created under the 2013 Constitution.
He stressed that this is not a matter for the public to resolve outside the Constitution and urged judges to consider all submissions carefully, noting the court’s responsibility to provide reasoned answers, not simple “yes” or “no” replies.
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