A constitution is a legal document that sets out how the government and legal system should work. It is the supreme law of the land and cannot be overruled by any person or other law, or changed unless the Constitution allows it.

Constitutional documents deal with questions of government that were as fundamental to King John and the barons in 1215 as they are to the people of Fiji in 2015.

The most important idea that comes from the Magna Carta is the rule of law which requires that there are laws which are followed, and that people act according to the law.

Some fundamental questions that were dealt with in the Magna Carta, as well as in constitutional documents today:

• who should make laws?
• how should they be made?
• what can laws be about?
• how should disputes with and between the arms of government be resolved?
• how can the law be changed if it does not represent what people want?

Constitutions require much thought and go through a long process of drafting. Magna Carta is often referred to as part of the unwritten constitution of England because it is the origin of the idea of the rule of law, but it was originally a peace treaty between King John, the barons and the English Church.

Coups d'ètat in Fiji

A coup d'ètat (shortened form coup, coups plural) is a sudden overthrow of government and illegal seizing of power in a nation-state.

Force was used to remove the constitutionally elected Parliament of Fiji in 1987, 2000 and 2006. In each case the elected government was overthrown, replaced and a period of martial law followed. These coups have been bloodless and have not led to civil war in Fiji, however, at the time they destabilised Fiji's system of government and had other negative effects.

The coups in 1987 and 2006 led to the Constitution being suspended and replaced. Those carrying out the coups were not authorised by the Constitution to seize power or to replace the Constitution. After each coup there was return to a constitutionally elected government under a new Constitution.

The new 2013 Fijian Constitution, it is hoped, will bring an end to the culture of coups in Fiji and provide a legal way of resolving issues in Fijian society. Without ignoring or dismissing the serious problems which arise when a coup takes place, it is important to acknowledge that Fiji has returned to the rule of law and constitutional government after each coup. Hopefully this represents the building of a lasting tradition of rule of law that will suit Fiji and its needs as a nation-state.

Lawfully Changing the Constitution

In 1997 the 1990 Constitution was amended. This is an example of the way a Constitution can be lawfully changed. To meet the needs of a society, a constitution may need to be changed. Constitutions usually outline a legal process for changing them - but not entirely replacing them.

In 1970, Fiji gained independence from Britain. The population of Fiji in 1970 consisted of two main groups: the iTaukei, Indians and a number of other groups.

Fiji's 1970 constitution provided the iTaukei, Indians and others with a specific number of seats in the House of Representatives. The Constitution also required that there was a separate electoral roll for each group and that a portion of those elected were chosen only by voters from their own own ethnic group. See the graph below for a detailed picture of the Fijian Parliament in 1970.

Ratu Sir Kamisese Mara, a Fijian Chief and politician became the Prime Minister of the new nation and accepted the documents of independence from Prince Charles the Prince of Wales who represented Queen Elizabeth II, the British monarch.

"Prince Charles mounts steps to the Royal box. He is welcomed by Fijian chiefs and warriors, and is offered Kava, a narcotic drink, which he swallows...he is garlanded by an Indian woman."

"Prince Charles reads message from the Queen. Prince Charles handing documents of independence to Ratu Sir Kamisese Mara."

Quotes above are from the synopsis of Colonial Film's video of the independence celebrations. See the video of independence celebrations in Fiji.

Following the proclamation of the 2013 Constitution, there were elections in 2014. A Multinational Observer Group was invited to observe the elections and concluded that the 2014 Fijian election "was conducted in an atmosphere of calm, with an absence of electoral misconduct" and that it "was a credible election ... on track to broadly represent the will of the Fijian votes."

"The election was enthusiastically embraced by the voters of Fiji, who were keen to participate in the democratic process."

Fiji's system of government has changed greatly since 1970, and while the coups have been disruptive and harmful, they have also provided the opportunity to renegotiate the relationship between the people of Fiji and its rulers. The 1990 and 1997 Constitutions illustrated the difficulties in having a system which provided fixed quotas for seats in Parliament based on race.

Whether this will resolve the tensions within the iTaukei, and between iTaukei and Indians remains to be seen. The members of Parliament elected in 2014 are the first members of the Parliament elected by 'all voters'.

As the preamble to the 2013 Constitution states that all Fijians are united by common and equal citizenry, it is hoped that the new Constitution will lead to a new era of peace, prosperity and stability for Fiji, under the rule of law.

The preamble to the 2013 Fijian Constitution reads:

WE, THE PEOPLE OF FIJI,
RECOGNISING the indigenous people or the iTaukei, their ownership of iTaukei lands, their unique culture, customs, traditions and language;
RECOGNISING the indigenous people or the Rotuman from the island of Rotuma, their ownership of Rotuman lands, their unique culture, customs, traditions and language;
RECOGNISING the descendants of the indentured labourers from British India and the Pacific Islands, their culture, customs, traditions and language; and
RECOGNISING the descendants of the settlers and immigrants to Fiji, their culture, customs, traditions and language,
DECLARE that we are all Fijians united by common and equal citizenry;
RECOGNISE the Constitution as the supreme law of our country that provides the framework for the conduct of Government and all Fijians;