Protectionism versus Reformism: The Battle for Taukei Ascendancy in Fiji’s 2014 General Election

Abstract

Discussion of intra-communal discourse in Fiji has often been overshadowed by the focus on inter-communal tension. Although the two are linked in dynamic ways, it is important to have an insight into some of the fundamental ideological schisms that have shaped inter-communal politics because they do shape the form and trajectory of national politics in a significant way. This was so during the 2014 election when the two leading political parties, FijiFirst and the Social Democratic Liberal Party (SODELPA), put in significant resources and effort into mobilising Taukei (indigenous Fijian) votes. The differences between the two parties represented the two sides of the Taukei political divide. FijiFirst pushed for fundamental reform and transformation of the Taukei society whereas SODELPA was protective of neo-traditional institutions and values, and the collision between these divergent ideological stances was a central political battle ground in the election.     

Accommodating Children's Rights in a Post Human Rights Act Era

This article considers why so little case law currently acknowledges that children have recognisable rights under the European Convention on Human Rights and argues that the family courts are not meeting the demands of the Human Rights Act 1998 in this regard. It suggests that a reinterpretation of the 'paramountcy principle' in the Children Act 1989 should be accompanied by a radically different judicial approach to evidence relating to children's best interests. The article considers the difficulties that such an approach might produce when applied to teenagers intent on refusing life-saving medical treatment. It further argues that the courts should call on the substantial body of rights jurisprudence to provide legal and moral support for this revised approach.     

Cooking the Goose: Fiji's Coup Culture Contextualised

Abstract

In the 40 years since Fiji became independent, there has been no shortage of perspectives from which to frame its development: its colonial past, its dual status as a Third World and Pacific island state, and, most pervasively perhaps, race conflict. This article focuses on another perspective: the failure of ethnic Fijian leaders to democratise their community politically and economically. Its consequences for the country have been long-standing and lie behind Fiji's developing coup culture     

Reflections on Fiji since Independence

Abstract

Fiji's post-colonial journey has been fraught, a promising beginning hobbled by political instability, periodic military coups and stagnant economic growth. Political disagreements over the best form of political representation have featured prominently in Fiji's political discourse, with no enduring resolution in sight.     

论古代以色列法对王权的制约——以《圣经》扫罗王被废一事为例

古代以色列王权的行使受到法的制约。古代以色列的法包括摩西成文律法和不成文的先知命令。扫罗王违背法律导致王位被废。古代以色列法律对王权的制约通过制度完成,表现为组织形式上权力分立,权力运行中先知、祭司两种神职权力根据律法对王权进行制约以及百姓长老等地方势力根据律法对王权的制约。制约主体能够依法制约王权最终是由于法律在古代以色列具有至上权威,而法律的最高地位来源于希伯来一神信仰。     

构建宪法至上的宪政体制

宪法是国家的根本法，具有最高的法律效力。维护宪法的最高权威，是实现法治社会的必然要求。文章通过分析新中国成立以来宪法的实施状况及评析我国某些学者所尊崇的构建代议机关至上的宪政体制，阐述我国应当确立宪法至上统领全局，人民代表大会在同级其他国家机关至上的宪政体制。     

‘A Pre-eminent Right to Political Rule’:1 Indigenous Fijian Power and Multi-ethnic Nation Building

Abstract

The indigenous Fijian conviction of entitlement to political power was encouraged by their privileged position in the colonial state and their marginalisation in the modern economy. The development of a cohesive nation state has been impeded by ongoing conflict between two political imperatives: indigenous nationalism and the need to shape a system of political representation and government accommodating the interests of the non-indigenous citizens, primarily the Indians, who together number over 40% of the population. This paper traces the course of that conflict from the commencement of decolonisation in the early 1960s to the political instability arising from strengthened ethno-nationalism and military intervention since 1987.     

宪法的社会性与人权的至高性

宪法是社会 (人民 )同国家 (执政者 )的一份政治契约 ,它首先是、主要是人权和公民权利的保障书 ,是社会主体 (人民 )对国家既授权又限权、既支持又防卫的“约法”、控权法和社会主体保障自己和防范国家的自卫法。因此它主要是社会法或社会的根本大法。宪法是以人权和公民权利为渊源、起点、基础 ,并以之为权力运转的轴心和权力的禁区与最终归宿。宪法是人权和公民权利的产物 ;“以人为本”实质是“以人权为本”。基本人权和公民权至上 ,是宪法的最高理念和原则。