The Supreme Court of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Court of Appeal. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial authority higher than the Supreme Court. In this respect, the Supreme Court takes over the functions formerly performed by the British Privy Council before Fiji became a republic in 1987. Chapter 9 Judiciary Section 117 Judicial power (1) The judicial power of the State vests in the High Court, the Court of Appeal and the Supreme Court and in such other courts as are created by law. ... The High Court of Fiji is independent of the legislative and executive branches of the acting government. ... The Court of Appeal of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Supreme Court. ... Her Majestys Most Honourable Privy Council is a body of advisors to the British Sovereign. ... 1987 (MCMLXXXVII) is a common year starting on Thursday of the Gregorian calendar. ...

The Constitution gives the Supreme Court exclusive jurisdiction to hear and determine appeals from all final judgements of the Court of Appeal. Cases may not be brought before the Supreme Court by individuals; only the Court of Appeal may decide to refer a case to it, or the Supreme Court may, in its own judgement, decide to hear an appeal. This 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. At its own discretion, the Supreme Court may review any judgement 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. Fiji became a republic in 1987, when Queen Elizabeth II of the United Kingdom formally abdicated as Queen of Fiji, following two military coups led by Lieutenant Colonel Sitiveni Rabuka. ... Fiji has the Westminster system - executive authority is vested nominally in a President, but exercised in practice by a Cabinet of Ministers, presided over by the Prime Minister. ...

The Supreme Court consists of the Chief Justice, who is also the President of the Supreme Court, all Justices of Appeal (who are also members of the Court of Appeal), and others specifically appointed as Supreme Court judges. The puisne judges, who sit on the High Court and the Court of Appeal, are not members of the Supreme Court. Section 129 of the Constitution declares that "A judge who has sat in a trial of a matter that is the subject of appeal to a higher court must not sit in the appeal." As the membership of the Supreme Court overlaps to a large extent with that of the Appeal Court and the High Court, this clause is inserted to prevent a conflict of interest. In many countries, especially common law countries such as Canada and the United States the Chief Justice is the name for the presiding officer on a senior court such as the United States Supreme Court, the Supreme Court of Canada, the Supreme Court of New Zealand, the Supreme Court of...

See also

• Constitution of Fiji: Chapter 9 (detailing the composition and role of the judiciary)

Chapter 9 Judiciary Section 117 Judicial power (1) The judicial power of the State vests in the High Court, the Court of Appeal and the Supreme Court and in such other courts as are created by law. ...

External links

• Jurist Legal Intelligence - Fiji Islands