CONSTITUTION OF THE REPUBLIC OF FIJI CONSTITUTION OF THE REPUBLIC OF FIJI i
CONSTITUTION OF THE REPUBLIC OF FIJI
CONTENTS ______
PREAMBLE
CHAPTER 1—THE STATE
1. The Republic of Fiji 2. Supremacy of the Constitution 3. Principles of constitutional interpretation 4. Secular State 5. Citizenship CHAPTER 2—BILL OF RIGHTS 6. Application 7. Interpretation of this Chapter 8. Right to life 9. Right to personal liberty 11. Freedom from cruel and degrading treatment 12. Freedom from unreasonable search and seizure 13. Rights of arrested and detained persons 14. Rights of accused persons 15. Access to courts or tribunals 16. Executive and administrative justice 17. Freedom of speech, expression and publication 18. Freedom of assembly 19. Freedom of association 20. Employment relations 21. Freedom of movement and residence 22. Freedom of religion, conscience and belief 23. Political rights 24. Right to privacy 25. Access to information 26. Right to equality and freedom from discrimination 27. Freedom from compulsory or arbitrary acquisition of property 28. Rights of ownership and protection of iTaukei, Rotuman and Banaban lands 29. Protection of ownership and interests in land 30. Right of landowners to fair share of royalties for extraction of minerals 31. Right to education 32. Right to economic participation 33. ii
34. Right to reasonable access to transportation 35. Right to housing and sanitation 36. Right to adequate food and water 37. Right to social security schemes 38. Right to health 39. Freedom from arbitrary evictions 40. Environmental rights 41. Rights of children 42. Rights of persons with disabilities 43. Limitation of rights under states of emergency 44. Enforcement 45. Human Rights and Anti-Discrimination Commission
CHAPTER 3—PARLIAMENT
Part A—LEGISLATIVE AUTHORITY
46. Legislative authority and power of Parliament 47. Exercise of legislative powers 48. Presidential assent 49. Coming into force of laws 50. Regulations and similar laws 51. Parliamentary authority over international treaties and conventions
Part B—COMPOSITION
52. Members of Parliament 53. Proportional representation system 54. Composition of Parliament 56. Candidates for election to Parliament 58. Term of Parliament 59. Writ for election 60. Date of nomination 61. Date of polling 62. Early dissolution of Parliament 63. Vacation of seat of member of Parliament 65. Vacancies in membership 66. Court of Disputed Returns 67. Sessions of Parliament 68. Quorum 69. Voting iii
70. Committees 71. Standing orders 72. Petitions, public access and participation 73. Powers, privileges, immunities and discipline 74. Power to call for evidence
Part C—INSTITUTIONS AND OFFICES 75. Electoral Commission 76. Supervisor of Elections 78. Leader of the Opposition 79. Secretary-General to Parliament 80. Remunerations
CHAPTER 4—THE EXECUTIVE
Part A––THE PRESIDENT 81. The President of Fiji 82. President acts on advice 84. Appointment of President 87. Resignation 88. Chief Justice to perform functions in absence of President
Part B—CABINET 90. Responsible Government 91. Cabinet 93. Appointment of Prime Minister 95. Appointment of Ministers 96. Attorney-General
CHAPTER 5—JUDICIARY
Part A—COURTS AND JUDICIAL OFFICERS 97. Judicial authority and independence 98. Supreme Court iv
99. Court of Appeal 100. High Court 101. Magistrates Court 102. Other courts 103. Court rules and procedures 104. Judicial Services Commission 106. Appointment of Judges 107. Other appointments 108. Judicial department employees 111. Removal of Chief Justice and President of the Court of Appeal for cause
Part B—INDEPENDENT JUDICIAL AND LEGAL INSTITUTIONS 114. Independent Legal Services Commission 115. Fiji Independent Commission Against Corruption 116. Solicitor-General 117. Director of Public Prosecutions 118. Legal Aid Commission 119. Mercy Commission 120. Public Service Disciplinary Tribunal 121. Accountability and Transparency Commission 122. Existing appointments
CHAPTER 6—STATE SERVICES Part A—PUBLIC SERVICE 123. Values and principles 125. Public Service Commission 126. Functions of the Public Service Commission 127. Permanent secretaries 128. Appointment of ambassadors
Part B—DISCIPLINED FORCE
129. Fiji Police Force 130. Fiji Corrections Service 131. Republic of Fiji Military Forces v
Part C—CONSTITUTIONAL OFFICES COMMISSION
Part D—GENERAL PROVISIONS RELATING TO PUBLIC OFFICES 134. Application 136. Remuneration and allowances 138. Performance of functions of commissions and tribunals
CHAPTER 7—REVENUE AND EXPENDITURE 139. Raising of revenue 140. Consolidated Fund 141. Appropriations to be authorised by law 142. Authorisation of expenditure in advance of appropriation 143. Appropriation and taxing measures require ministerial consent 144. Annual budget 145. Guarantees by Government 146. Public moneys to be accounted for 147. Standing appropriation of Consolidated Fund for payment of certain salaries and allowances 148. Standing appropriation of Consolidated Fund for other purposes
CHAPTER 8—ACCOUNTABILITY Part A—CODE OF CONDUCT 149. Code of conduct
Part B—FREEDOM OF INFORMATION 150. Freedom of information
Part C—AUDITOR-GENERAL 151. Auditor-General 152. Functions of Auditor-General
Part D—RESERVE BANK OF FIJI