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CONSTITUTIONAL ENGINEERING


CONSTITUTIONAL ENGINEERING AND RE-DEMOCRATIZATION IN FIJI


Fiji Islands has moved along a sometimes controversial and sometimes delayed path back to democratic governance. It finally now has a new constitution and a military regime that is preparing to transform itself into an elected government in 2014, says a leading Fijian political sociologist. The whole process has also bridged the country’s ethnic divide — Fijians of Melanesian and Indian backgrounds both support and oppose the new constitution and the expected electoral opponents.


Dr Steven Ratuva in Auckland.


Dr Ratuva is a political sociologist at the University of Auckland. With a PhD from the United Kingdom, he has worked at the Australian National University and University of the South Pacific where he was head of sociology. He has been a consultant and advisor for a number of international organizations and publishes widely on politics and development.


Dr Steven Ratuva Devising legal and political


mechanisms and parameters through constitutional means, a process which is often referred to as constitutional engineering, is a major political preoccupation in many modern states primarily because of the central role


126 | The Parliamentarian | 2013: Issue Two


constitutions play in framing and legitimizing principles and norms as basis for organizing and governing society. In many post-colonial states constitutional engineering is vital for nation-building, addressing inequality and conflict resolution. However, at the same time, constitutions can be scapegoat for political instability and poor governance and calls for constitutional reform often follow in the wake of political crisis.


Fiji’s obsession with constitutional engineering reflected the need to address the complex situation of cultural diversity and ethnic tension it inherited at the time of independence in 1970. Amongst other reasons, Fiji constitutions were designed to provide political balance and ameliorate differences between


ethnic groups competing for political power. The constant constitutional reforms were largely a result of coups and associated political instability. Since independence in 1970 after 96 years of British colonial rule, a total of five constitutions were written. These consisted of three substantive and operational constitutions — the 1970, 1990 and 1997 constitutions; and two drafts. The two drafts were the latest attempts to create a new constitution after the 1997 constitution was removed in 2009. The first draft was produced by the constitutional review commission in 2012 but this was rejected by the government and replaced it with their version which was released in early 2013.


This article provides an overview


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