Fiji 2013 Constitution

CHAPTER 1. THE STATE

1. The Republic of Fiji

The Republic of Fiji is a sovereign democratic State founded on the values of-

1. common and equal citizenry and national unity;
2. respect for human rights, freedom and the rule of law;
3. an independent, impartial, competent and accessible system of justice;
4. equality for all and care for the less fortunate based on the values inherent in this section and in the Bill of Rights contained in Chapter 2;
5. human dignity, respect for the individual, personal integrity and responsibility, civic involvement and mutual support;
6. good governance, including the limitation and separation of powers;
7. transparency and accountability; and
8. a prudent, efficient and sustainable relationship with nature.

2. Supremacy of the Constitution

1. This Constitution is the supreme law of the State.
2. Subject to the provisions of this Constitution, any law inconsistent with this Constitution is invalid to the extent of the inconsistency.
3. This Constitution shall be upheld and respected by all Fijians and the State, including all persons holding public office, and the obligations imposed by this Constitution must be fulfilled.
4. This Constitution shall be enforced through the courts, to ensure that-
   1. laws and conduct are consistent with this Constitution;
   2. rights and freedoms are protected; and
   3. duties under this Constitution are performed.
5. This Constitution cannot be abrogated or suspended by any person, and may only be amended in accordance with the procedures prescribed in Chapter 11.
6. Any attempt to establish a Government other than in compliance with this Constitution shall be unlawful, and-
   1. anything done to further that attempt is invalid and of no force or effect; and
   2. no immunities can lawfully be granted under any law to any person in respect of actions taken or omitted in furtherance of such an attempt.

3. Principles of constitutional interpretation

1. Any person interpreting or applying this Constitution must promote the spirit, purpose and objects of this Constitution as a whole, and the values that underlie a democratic society based on human dignity, equality and freedom.
2. If a law appears to be inconsistent with a provision of this Constitution, the court must adopt a reasonable interpretation of that law that is consistent with the provisions of this Constitution over an interpretation that is inconsistent with this Constitution.
3. This Constitution is to be adopted in the English language and translations in the iTaukei and Hindi languages are to be made available.
4. If there is an apparent difference between the meaning of the English version of a provision of this Constitution, and its meaning in the iTaukei and Hindi versions, the English version prevails.

4. Secular State

1. Religious liberty, as recognised in the Bill of Rights, is a founding principle of the State.
2. Religious belief is personal.
3. Religion and the State are separate, which means-
   1. the State and all persons holding public office must treat all religions equally;
   2. the State and all persons holding public office must not dictate any religious belief;
   3. the State and all persons holding public office must not prefer or advance, by any means, any particular religion, religious denomination, religious belief, or religious practice over another, or over any non-religious belief; and
   4. no person shall assert any religious belief as a legal reason to disregard this Constitution or any other law.

5. Citizenship

1. All citizens of Fiji shall be known as Fijians.
2. Subject to the provisions of this Constitution, all Fijians have equal status and identity, which means that they are equally-
   1. entitled to all the rights, privileges and benefits of citizenship; and
   2. subject to the duties and responsibilities of citizenship.
3. Citizenship of Fiji shall only be acquired by birth, registration or naturalisation.
4. Citizens of Fiji may hold multiple citizenship, which means that-
   1. upon accepting the citizenship of a foreign country, a person remains a citizen of Fiji unless he or she renounces that status;
   2. a former citizen of Fiji, who lost that citizenship upon acquiring foreign citizenship, may regain citizenship of Fiji, while retaining that foreign citizenship unless the laws of that foreign country provide otherwise; and
   3. upon becoming a citizen of Fiji, a foreign person may retain his or her existing citizenship unless the laws of that foreign country provide otherwise.
5. A written law shall prescribe-
   1. the conditions upon which citizenship of Fiji may be acquired and the conditions upon which a person may become a citizen of Fiji;
   2. procedures relating to the making of applications for citizenship by registration or naturalisation;
   3. conditions relating to the right to enter and reside in Fiji;
   4. provisions for the prevention of statelessness;
   5. rules for the calculation of periods of a person’s lawful presence in Fiji for the purpose of determining citizenship;
   6. provisions relating to the renunciation and deprivation of citizenship; and
   7. such other matters as are necessary to regulate the granting of citizenship.