Lawyer Richard Naidu on the rule of law in Fiji
Richard Naidu explains in simple language the deficiencies in the proposed Fiji Constitution relating to the Governments intended control of the Judiciary and the dangers it represents:
Click the following link:http://www.youtube.com/watch?v=kv_cLZ9WchQ >
La Passionara said:
Dear Editor,
I listened to the link you gave for Richard Naidu’s speech and found that he falsely stated that section 7 of the government draft Constitution was not the same as the 1997 Constitution.
But if you look at the two provisions below you will see that what he says is not correct.
1997 Constitution section 43
43.-(1) The specification in this Chapter of rights and freedoms is not to be construed as denying or limiting other rights and freedoms recognised or conferred by common law, customary law or legislation to the extent that they are not inconsistent with this Chapter.
(2) In interpreting the provisions of this Chapter, the courts must promote the values that underlie a democratic society based on freedom and equality and must, if relevant, have regard to public international law applicable to the protection of the rights set out in this Chapter.
(3) A law that limits a right or freedom set out in this Chapter is not invalid solely because the wording of the law exceeds the limits imposed by this Chapter if the law is reasonably capable of a more restricted interpretation that does not exceed those limits. In that case, the law must be construed in accordance with the more restricted interpretation.
Compared with identical provision
Government draft constitution 2013
Section 7 (3)
A law that limits a right or freedom set out in this Chapter is not invalid solely because the law exceeds the limits imposed by this Chapter if the law is reasonably capable of a more restricted interpretation that does not exceed those limits, and in that case, the law must be construed in accordance with the more restricted interpretation.
There are lots of things wrong with the Governmnet draft but it does not help if someone paints such a false picture like this