UniFiji Law Students Draft Proposed National Constitution for PM

Constitutional Law Students Draft New Framework for Fiji

The proposed constitutional document was drafted by second-year students enrolled in the Constitutional Law 205 course. The project took two weeks to complete as part of their academic assignment. The student authors maintain that the text encapsulates the kind of future that people of their generation would like to see, focusing heavily on democratic resilience and technological safeguards.

Abolishing Immunity for Unconstitutional Government Seizures

The draft text explicitly states that no law, decree, regulation, executive order, or other instrument may grant immunity to any individual participating in a future unconstitutional seizure, suspension, or attempted seizure of governmental power. According to the student proposal, courts would retain jurisdiction to determine the legality and constitutionality of conduct connected with such events. Furthermore, individuals could not escape accountability solely because they acted under orders, held public office, or acted in the name of national security.

Regarding historical accountability, the draft specifies that any questions about continuation, limitation, or removal must align with the rule of law, legality, judicial independence, fundamental rights, and the prohibition against retrospective criminal penalties. Parliament would be empowered to provide an open and transparent national consultation process on historical immunity, though no historical immunity could be interpreted more broadly than its lawful terms. While lawful mechanisms for truth, reconciliation, and national unity could be established, the draft mandates they must not create future blanket immunities for unconstitutional conduct.

Restricting Military Power and Upholding Civilian Authority

Under the student-proposed framework, the Republic of Fiji Military Forces (RFMF) would defend Fiji’s sovereignty, territorial integrity, and security in accordance with the Constitution and the law, remaining under civilian constitutional authority. The draft explicitly prohibits the military from forming, controlling, suspending, replacing, or otherwise seizing the functions of a democratically elected government. Interfering with elections, Parliament, or the Judiciary would also be barred unless carrying out specific lawful functions authorized by the Constitution or consistent legislation.

While members of the military would be required to obey lawful orders, the draft states they would not be required to follow any order that is manifestly unconstitutional or unlawful. Any abuse of military power would be subject to investigation alongside appropriate legal or disciplinary consequences, according to the submitted text.

New Rights for Artificial Intelligence and Digital Privacy

Fijians would gain specific constitutional protections covering artificial intelligence, personal data, digital privacy, and internet access under the proposed framework. The draft provides safeguards for personal communications, data, and digital communications against unlawful surveillance and the unlawful collection, use, or disclosure. Every person would secure the right to reasonable protection regarding how personal information is collected, stored, used, and disclosed, shielding digital identity from unlawful access, theft, manipulation, or misuse.

Any limitation on these privacy rights would require prescription by law, a legitimate constitutional purpose, and must be reasonable, necessary, and proportionate, with the State bearing the burden of proof to demonstrate justification. Additionally, the proposal introduces a right to reasonable and affordable internet access, with particular consideration for rural, maritime, and underserved communities while prohibiting arbitrary or discriminatory restrictions.

For artificial intelligence, automated systems utilized by the government would face safeguards, transparency, accountability, and human oversight. Individuals whose important rights or interests are significantly affected by automated decisions would secure the right to know when AI was materially used, receive an understandable explanation, request human review, challenge unlawful or discriminatory decisions, and obtain an effective remedy.

Bicameral Parliament and Recognition of Future Generations

The student proposal reorganizes the legislative branch by replacing the single-chamber system with a bicameral Parliament comprising a 71-member House of Representatives and a Senate. Within the House, 35 members would be elected from geographical constituencies, while 36 would be chosen through proportional representation. The Senate would be appointed by the President following consultations with Fiji’s communities, with detailed procedures defined by legislation.

The draft establishes a maximum parliamentary term of six years from the first sitting following a general election. Elections would be mandated before this term expires, preventing Parliament from extending its tenure outside expressly permitted circumstances. Finally, the text introduces specific recognition of future generations, requiring the State to take reasonable account of long-term interests and rights into decisions involving the environment, natural resources, technology, artificial intelligence, public finance, and national development.

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