Fiji - August 2025

The Supreme Court delivered an advisory opinion on 29 August that answered five questions from the cabinet regarding the constitution. The Court found that the 2013 Constitution, despite being imposed by a military government, is in force and has replaced the 1997 Constitution. However, it did not recognize the validity of the amendment provisions it established in Articles 159 and 160. The Court ruled that the thresholds of three-fourths support in the legislature followed by support from three-fourths of all eligible voters in a referendum, are too high. The Court instead provided for an amendment process that requires a two-thirds parliamentary majority and then a majority of voters in a referendum. The opinion has been interpreted as affirming the legitimacy of the 2013 Constitution while making it more open to change through democratic processes. However, the Court's overruling of the clear text of the constitution has led some observers to accuse both the Court and the government of overreach.

Sources: Radio New Zealand, DevPolicy, FijiVillage, ConstitutionNet, Supreme Court of Fiji