Supreme Court (Fiji)
Encyclopedia
The Supreme Court of Fiji
is one of three courts established by Chapter 9
of the Constitution
, the others being the High Court
and the Court of Appeal
. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial authority higher than the Supreme Court. In this respect, the Supreme Court takes over the functions formerly performed by the United Kingdom
's Judicial Committee of the Privy Council
before Fiji became a republic in 1987.
The Constitution gives the Supreme Court exclusive jurisdiction to hear and determine appeals from all final judgements of the Court of Appeal. Cases may not be brought before the Supreme Court by individuals; only the Court of Appeal may decide to refer a case to it, or the Supreme Court may, in its own judgement, decide to hear an appeal. This court has the power to review, vary, affirm, or discard decisions of the Court of Appeal, may order retrials, and may award costs to defendants and plaintiffs. Decisions of the Supreme Court are binding on all subordinate courts. At its own discretion, the Supreme Court may review any judgement or decision that it has previously rendered.
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. The Supreme Court is required to pronounce its opinion in open court.
The Supreme Court consists of the Chief Justice
, who is also the President of the Supreme Court, all Justices of Appeal
(who are also members of the Court of Appeal), and others specifically appointed as Supreme Court judges. The puisne judges
, who sit on the High Court and the Court of Appeal, are not members of the Supreme Court. Section 129 of the Constitution declares that "A judge who has sat in a trial of a matter that is the subject of appeal to a higher court must not sit in the appeal." As the membership of the Supreme Court overlaps to a large extent with that of the Appeal Court and the High Court, this clause is inserted to prevent a conflict of interest.
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
is one of three courts established by Chapter 9
Constitution of Fiji: Chapter 9
Chapter 9: Judiciary. Chapter 9 of the Fijian constitution is titled Court of Appeal, and the Supreme Court, and also make provision for other courts to be established by law. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial...
of the Constitution
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
, the others being the High Court
High Court (Fiji)
The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...
and the Court of Appeal
Court of Appeal (Fiji)
The Court of Appeal of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it...
. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial authority higher than the Supreme Court. In this respect, the Supreme Court takes over the functions formerly performed by the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
's Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
before Fiji became a republic in 1987.
The Constitution gives the Supreme Court exclusive jurisdiction to hear and determine appeals from all final judgements of the Court of Appeal. Cases may not be brought before the Supreme Court by individuals; only the Court of Appeal may decide to refer a case to it, or the Supreme Court may, in its own judgement, decide to hear an appeal. This court has the power to review, vary, affirm, or discard decisions of the Court of Appeal, may order retrials, and may award costs to defendants and plaintiffs. Decisions of the Supreme Court are binding on all subordinate courts. At its own discretion, the Supreme Court may review any judgement or decision that it has previously rendered.
Section 123 authorizes the President of Fiji, on the advice of the Cabinet
Cabinet (Fiji)
Fiji has the Westminster system - executive authority is vested nominally in a President, but exercised in practice by a Cabinet of Ministers, presided over by the Prime Minister. The Prime Minister is formally appointed, but not chosen, by the President: the President must appoint as Prime...
, to ask the Supreme Court to rule on actual or potential disagreements pertaining to the Constitution. The Supreme Court is required to pronounce its opinion in open court.
The Supreme Court consists of the Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
, who is also the President of the Supreme Court, all Justices of Appeal
Justice of Appeal (Fiji)
Justices of Appeal in Fiji are judges who sit on the Court of Appeal and on the Supreme Court, but not on the High Court.Justices of Appeal are appointed by the President on the nomination of the Judicial Service Commission, which is required to consult first with the appropriate Cabinet Minister...
(who are also members of the Court of Appeal), and others specifically appointed as Supreme Court judges. The puisne judges
Puisne judge (Fiji)
Puisne judges in Fiji sit on the High Court and the Court of Appeal, but not on the Supreme Court. According to Chapter 9 of the Fijian Constitution, there must be a minimum of ten puisne judges, who are appointed by the President on the nomination of the Judicial Service Commission, who must...
, who sit on the High Court and the Court of Appeal, are not members of the Supreme Court. Section 129 of the Constitution declares that "A judge who has sat in a trial of a matter that is the subject of appeal to a higher court must not sit in the appeal." As the membership of the Supreme Court overlaps to a large extent with that of the Appeal Court and the High Court, this clause is inserted to prevent a conflict of interest.
See also
- Constitution of Fiji: Chapter 9Constitution of Fiji: Chapter 9Chapter 9: Judiciary. Chapter 9 of the Fijian constitution is titled Court of Appeal, and the Supreme Court, and also make provision for other courts to be established by law. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial...
(detailing the composition and role of the judiciary)