Revolution vor Gericht: Fidschis "Court of Appeal" erklärt Verfassungsputsch für gescheitert

• Published in: Verfassung und Recht in Übersee 2001-01, Vol.34 (2), p.148-166
• Main Author: Menzel, Jörg
• Format: Article
• Language: eng ; ger
• Subjects: ANALYSEN UND BERICHTE
• ISSN: 0506-7286
• DOI: 10.5771/0506-7286-2001-2-148

The Republic of Fiji is experiencing turbulent political times. Just two years after the country's return to full democracy in 1998 and its subsequent re-admission to the British Commonwealth the new Basic Law again came under fire. In May 2000 George Speight, a "failed businessman", kidnapped most of the members of government (including the prime minister and the deputy prime minister). Speight claimed to be acting in defense of the rights of the indigenous Fijian population, which he and many other Fijians considered endangered by a government, led - for the first time in Fijian history - by an "Indo-Fijian" prime minister (the "Indo-Fijians" are descendants of immigrants brought into Fiji by the British authorities about a hundred years ago mainly to work in the sugarcane-fields; they form almost half of Fiji's current population). Although Speight was viewed officially as a criminal and later charged with treason, the military made use of the difficult situation not only to declare martial law but also to declare the final abrogation of the Constitution. Preparatory work was initiated on a new Constitution, designed to safeguard the paramount interests of the indigenous Fijians. An interim civilian government was installed. The legitimacy of this government was challenged in the courts by an "ordinary" Indo-Fijian, who was concerned about his legal status. As a result, both the High Court and subsequently the Court of Appeal declared the abrogation of the Constitution to have been illegal and invalid. Fiji's post-coup-government has promised to abide by the ruling (which appears to be without precedence in constitutional history); fresh elections are due to be held in the summer of 2001. The article recounts the background and summarizes the content of the Court rulings in more detail. Some reflections on the treatment of revolutionary changes of government in Constitutional Law, the general Theory of State ("Allgemeine Staatslehre") and Public International Law are added. Despite the prevaling dogma of "efficacy" it is suggested that the legitimacy of a government and of a revolutionary change is of significant importance in this context. The overthrow of a system dedicated to democracy and human rights has become difficult in a world which is increasingly concerned about legitimate governance within states. The recent events in Fiji also demonstrate, that under special circumstances independent domestic courts can play a decisive role in a revolution