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: JURIST - The Paper Chase

Fiji president suspends constitution after court declares government illegal

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] Fijian President Ratu Jossfa Iloilo announced Friday that he was suspending the country's constitution, and revoking the appointment of all judicial officers, after the Fiji Court of Appeal on Thursday ruled his appointment of military officer Commodore Josaia Voreqe Bainimarama as Prime Minister unconstitutional. Iloilo had appointed Baininmara following a 2006 coup, but the Court of Appeal ordered him to appoint a civilian replacement for Baininmara until democratic elections could be held. Iloilo said that despite the action, other existing laws would continue to be enforced and that he would reconstitute the country's judiciary in coming days. He also said that Friday's moves were necessary to preserve law and order and to allow him to enact certain reforms before future election, saying the decision:not only gives certainty but provides stability and the opportunity to carry out reforms which are crucial before true democratic elections can be held. In this respect I believe that a period of 5 years is necessary for an interim government to put into place the necessary reforms and processes.I shall also direct the soon to be appointed Interim Government to hold true democratic and parliamentary elections by September 2014 at the latest.After the announcement, US State Department spokesman Richard Aker criticized Iloilo's decision, saying it was a step backwards for the country, and calling on Fiji to continue to recognize rights outlined in the suspended constitution. In October, a Fijian lower court had dismissed a legal challenge to the 2006 coup brought by deposed prime minister Laisenia Qarase. The Fijian government has defended the coup as legal because Iloilo had reserve powers that permitted him to dismiss the government and appoint new leaders, and he had given his permission to Bainimarama. Two days after the coup in December 2006, an interim prime minister had said that the coup was technically "illegal" but necessary.

Full post as published by JURIST - The Paper Chase on April 10, 2009 (boomark / email).