Fiji’s Constitution of 2013

Judicial Independence

 
Article 97. Judicial authority and independence 1. The judicial power and authority of the State is vested in the Supreme Court, the Court of Appeal, the High Court, the Magistrates Court, and in such other courts or tribunals as are created by law. The courts and all judicial officers are independent of the legislative and executive branches of Government, and are subject only to this Constitution and the law, which they must apply without fear, favour or prejudice. 3. No person may interfere with the judicial functioning of the courts, or unreasonably interfere with the administrative functioning of the courts. 4. Parliament and Cabinet, through legislative and other measures, must assist and protect the courts to ensure their independence, impartiality, accessibility and effectiveness. 5. Parliament must ensure that the Judiciary has adequate financial and other resources to perform its functions and exercise its powers properly. 6. The Judiciary has control of its own budget and finances, as approved by Parliament.
 

Judicial Council or Parallel Institution

 
Article 106. 1. The Chief Justice and the President of the Court of Appeal are appointed by the President on the advice of the Prime Minister following consultation by the Prime Minister with the Attorney-General. 2. The Judges of the Supreme Court, the Justices of Appeal and the Judges of the High Court are appointed by the President on the recommendation of the Judicial Services Commission following consultation by it with the Attorney-General. 3. The President may, on the advice of the Prime Minister following consultation by the Prime Minister with the Attorney-General, appoint a Judge or a person who is qualified for appointment as a Judge to act as the Chief Justice during any period, or during all periods, when the office of the Chief Justice is vacant or when the Chief Justice is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office. 4. The President may, on the recommendation of the Judicial Services Commission following consultation by it with the Attorney-General, appoint a person to act as a Judge of the High Court during any period or during all periods, when an office of a Judge of the High Court is vacant or when a Judge is absent from duty or from Fiji or is, for any reason, unable to perform the functions of office. 5. A person is not eligible to be appointed under subsection (4) unless he or she is qualified for appointment as a Judge.