The New Constitution: Checks and Balances
By Crosbie Walsh
The draft constitution that became law last Friday saw opinions still divided on its legitimacy and fairness. The identities and allegiances of those for and against are well known but one surprise came from Randall Powell, the Australian Fiji Appeals Court judge who with two other judges found the 2006 coup to be illegal, an event that led the Bainimarama government to the watershed decision to abrogate the 1997 constitution, and a hardening of Government's attitude towards local and overseas detractors. Justice Powell had reservations about the immunity clauses and the legality of the new draft constitution but otherwise he thought it a sound document.
Although the Government draft can make no greater claim for legal legitimacy than the Yash Ghai draft it supersedes, it also involved extensive public consultations, and the final Government draft is different in many respects as a result of this consultation. In March, for instance, the Citizen's Constitu…
The draft constitution that became law last Friday saw opinions still divided on its legitimacy and fairness. The identities and allegiances of those for and against are well known but one surprise came from Randall Powell, the Australian Fiji Appeals Court judge who with two other judges found the 2006 coup to be illegal, an event that led the Bainimarama government to the watershed decision to abrogate the 1997 constitution, and a hardening of Government's attitude towards local and overseas detractors. Justice Powell had reservations about the immunity clauses and the legality of the new draft constitution but otherwise he thought it a sound document.
Although the Government draft can make no greater claim for legal legitimacy than the Yash Ghai draft it supersedes, it also involved extensive public consultations, and the final Government draft is different in many respects as a result of this consultation. In March, for instance, the Citizen's Constitu…