1997 Constitution of Fiji: Chapter 9

It is divided into twenty-two sections, setting out the composition and functions of the Judicial branch of the Fijian government.

In this respect, the Supreme Court takes over the functions formerly performed by the British Privy Council before Fiji became a republic in 1987.

Section 118 declares the judges of all courts of the State to be independent of the legislative and executive branches of government.

Section 123 authorizes the President of Fiji, on the advice of the Cabinet, to ask the Supreme Court to rule on actual or potential disagreements pertaining to the Constitution.

As the membership of the three courts established by the Constitution overlaps to a large extent, this clause is inserted to prevent a conflict of interest.

This is in recognition that as a developing country, the government may deem it in the national interest to look abroad for judges with expertise in various aspects of the law.

The second principle is that, as far as practicable, the composition of the judiciary should reflect Fiji's ethnic balance and should aim for substantially equal representation of males and females.

A judge may be dismissed only for misbehavior or for inability to perform his or her duties, owing to illness or metal incapacitation, or any other cause.

In the case of alleged misbehavior, the President appoints a tribunal consisting of not less than three persons, who must be past or present judges either in Fiji or another country prescribed by Parliament.

The President, acting on his or her own discretion, may dismiss a judge on the written recommendation of the tribunal or medical board.

The suspension automatically ceases if the tribunal or medical board recommends that the judge not be removed from office.