Constitution of Fiji: Chapter 9 - Jurisdictions of The Courts

Jurisdictions of The Courts

Section 118 declares the judges of all courts of the State to be independent of the legislative and executive branches of government.

Sections 119 through 122 set out the jurisdiction of the various courts. The Supreme Court and High Court are declared to possess the jurisdiction they formerly possessed prior to the adoption of the Constitution; they, together with the Appeal Court also possess whatever authority may be conferred on them by the Constitution or by law.

The High Court is given unlimited "original jurisdiction" over any civil and criminal cases, constitutional disputes, and appeals from subordinate courts. It is also vested with the authority to oversee all proceedings of subordinate courts, and to issue appropriate directives to such courts.

The Court of Appeal is given the right "to hear and determine appeals" from all judgments of the High Court. From time to time, other powers may be assigned to this court by law.

The Supreme Court is given exclusive jurisdiction to hear and determine appeals from all final judgments of the Court of Appeal. A case may be brought before the Supreme Court only if the Court of Appeal has determined to refer the case to it, or if the Supreme Court has, in its own judgment, decided to hear an appeal; proceedings in this court may not be initiated by individuals. The Supreme 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. The Supreme Court may, at its own discretion, review any judgment 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.

Section 124 empowers the Supreme Court, the Court of Appeal, and the High Court to punish persons for contempt of court. The nature of this offence and of the appropriate punishments are to be prescribed by law.

Section 125 empowers the President of the Supreme Court (who is also the Chief Justice) to make rules, subject to the Constitution and to legislation, for the practice and procedures to be followed in the Supreme Court.