Constitution of the Fiji Islands

Constitution of the Fiji Islands
Author: Republic of the Fiji Islands
Publisher: Good Press
Total Pages: 115
Release: 2021-04-11
Genre: History
ISBN:

The Constitution of the Republic of the Fiji Islands dates from 1997. It is Fiji's third Constitution. The first, adopted in 1970 upon independence, was abrogated following two military coups in 1987. A second constitution was adopted in 1990. Its discriminatory provisions, which reserved the office of Prime Minister and a built-in majority in the House of Representatives for indigenous Fijians (although they were at that time a minority of the population) proved very unpopular with the Indo-Fijian community, which comprised almost half the country's population, and in the mid-1990s the government agreed that it should be rewritten.

Legislating for Equality

Legislating for Equality
Author: Talia Naamat
Publisher: Martinus Nijhoff Publishers
Total Pages: 548
Release: 2013-05-02
Genre: Law
ISBN: 9004227601

In this second volume we turn our attention to the Americas: North America, Latin America, and the Caribbean. During the past decade many American countries amended their constitutions and enacted laws protecting the rights of indigenous people.

Coup

Coup
Author: Brij V. Lal
Publisher: ANU E Press
Total Pages: 196
Release: 2008-12-01
Genre: Political Science
ISBN: 1921536373

May 19, 2000. Fiji's democratically elected multiracial government is hijacked by a group of armed gunmen led by George Speight, and held hostage for fifty days. Suva, the capital, is torched and looted as Speight's supporters gather on the lawns of the parliamentary complex, dancing, cooking food, celebrating the purported abrogation of the constitution that brought the People's Coalition government to power. The country is plunged into darkness yet again, enduring the pain of three coups in a period of just thirteen years. The process of healing and reconciliation, symbolised by the enactment of a new Constitution, unanimously approved by Parliament and blessed by the powerful Great Council of Chiefs, lies discarded, as winds of ethnic chauvinism sweep through the countryside, damaging the fragile fabric of multiculturalism that was carefully constructed by so many over many years. The economy is on the brink of collapse, investor confidence has vanished, and the best and the brightest are seeking succour on other shores. Fiji falls victim, yet again, to the prejudice and greed of a section of its people. This book gathers together a handful of memoirs of those tragic events in Fiji. They were written while the gun was still smoking; personal, anguished reactions of people from all walks of life, concerned about a country they all love but deeply distressed by the developments there. They are first reactions. They will in time become essential building blocks for a larger interpretive framework of academic analysis about origins, processes and impacts. Straight from the heart, these memoirs will be remembered as the people of Fiji and their friends elsewhere contemplate the wreckage and ruin brought about by that act of madness in the month of May 2000.

On Reading the Constitution

On Reading the Constitution
Author: Laurence H. TRIBE
Publisher: Harvard University Press
Total Pages: 157
Release: 2009-06-30
Genre: Political Science
ISBN: 0674044452

Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

The 2006 Military Takeover in Fiji

The 2006 Military Takeover in Fiji
Author: Stewart Firth
Publisher: Anu E Press
Total Pages: 472
Release: 2009
Genre: Fiji
ISBN: 9781921536502

This book explores the factors behind - and the implications of - the 2006 coup. It brings together contributions from leading scholars, local personalities, civil society activists, union leaders, journalists, lawyers, soldiers and politicians - including deposed Prime Ministers Laisenia Qarase and Mahendra Chaudhry. The 2006 Military Takeover in Fiji: A Coup to End All Coups? is essential reading for those with an interest in the contemporary history of Fiji, politics in deeply divided societies, or in military intervention in civilian politics.

The Constitution in Conflict

The Constitution in Conflict
Author: Robert A. Burt
Publisher: Harvard University Press
Total Pages: 492
Release: 1992
Genre: Law
ISBN: 9780674165366

In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.

Asia-Pacific Judiciaries

Asia-Pacific Judiciaries
Author: H. P. Lee
Publisher: Cambridge University Press
Total Pages: 473
Release: 2018
Genre: Law
ISBN: 1107137721

Explores judicial independence, integrity and impartiality in Asia-Pacific countries.

A Constitution of the People and How to Achieve It

A Constitution of the People and How to Achieve It
Author: Aarif Abraham
Publisher: BoD – Books on Demand
Total Pages: 382
Release: 2021-04-30
Genre: Political Science
ISBN: 3838215168

Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.

The Second Creation

The Second Creation
Author: Jonathan Gienapp
Publisher: Harvard University Press
Total Pages: 465
Release: 2018-10-09
Genre: History
ISBN: 067498952X

A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.

Rationing the Constitution

Rationing the Constitution
Author: Andrew Coan
Publisher: Harvard University Press
Total Pages: 281
Release: 2019-04-29
Genre: Law
ISBN: 0674986954

In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.