FIJI
The
Republic of Fiji has, of course, enjoyed two Constitutions
since the colony of Fiji gained independence in
1970. The current, Republican Constitution, of
1990, is for present purposes, a verbatim restatement
of the independence Constitution of 1970, but substituting
the indigenous President for the overseas Queen
with her local Governor-General. A Prime Minister
(who now must be a Fijian) is to be the member
of the House of Representatives who appears “best
able to command the support of the majority of
the members of that House”: s73 of 1970 and
s83 of 1991. The Head of State (Governor-General
in 1970 and President in 1991) is to “act
in accordance with the advice of Cabinet”:
s78 of 1970 and s83 of 1991. Relevant sections
of the Constitution of 1990 are set out below.
The language is generally identical to that of
1970, making the appropriate substitution in nomenclature
(“Governor-General” was replaced by “President”).
Ten sections were added to the 1991 document, so
that the current s72 in the previous text, and
so on.
Executive
Authority of Fiji
82.
(1) The executive authority of Fiji is vested in
the President and exercisable by him or by the
Cabinet or any Minister authorised by Cabinet.
(2)
Nothing in this section shall preclude persons
or authorities other than the President from exercising
such functions as may be conferred upon them by
any law.
Ministers
83. (1) There shall be a Prime Minister, an Attorney-General, Minister responsible
for defence and security and such other offices of Minister of the government
as may be established by the President, acting in accordance with the advice
of the Prime Minister. (The words emphasised were added in 1991)
(2)
The President, acting in his own deliberate judgment,
shall appoint as Prime Minister the Fijian member
of the House of Representatives who appears to
him best able to command the support of the majority
of the members of that House: [The word Fijian
was added in 1991].
Provided
that if occasion arises for making an appointment
between a dissolution of Parliament and the next
following general election of members of the House
of Representatives the person who were members
of that House immediately before the dissolution
shall be regarded for the purposes of this subsection
as continuing to be members thereof.
Tenure
of office of Ministers
84. (1) If a resolution of no confidence in the Government is passed by the
House of Representatives and the Prime Minister does not within three days
resign from his office the President shall remove the Prime Minister from office
unless, in pursuance of section 80 of this Constitution, Parliament has been
or is to be dissolved in consequence of such resolution.
(2)
If at any time between the holding of a general
election and the first sitting of the House of
Representatives thereafter the President, acting
in his own deliberate judgement, considers that,
in consequence of changes in the membership of
the House resulting from that general election,
the Prime Minister will not be able to command
the support of a majority of the members of the
House, the President may remove the Prime Minister
from office.
Cabinet
85. (1) There shall be a Cabinet for Fiji consisting of the Prime Minister,
the Attorney-General, the Minister responsible for defence and security
and such of the other Ministers as the Prime Minister may from time to
time designate.
(2)
The functions of the Cabinet shall be to advise
the President in matters of the government of Fiji
and the Cabinet shall collectively responsible
to Parliament for any advice given to the President
by or under the general authority of the Cabinet
and for all things done by or under the authority
of any Minister in the execution of his office.
(3)
The provisions of the preceding sub-section shall
not apply in relation to-
a) The appointment and removal from office of Ministers and Assistant Ministers,
the assigning of responsibility to any Ministers under the next following section,
or the authorisation of another Minister to perform the functions of the Prime
Minister during illness or absence;
b) The dissolution of Parliament; or
c) The matters referred to in section 99 of this Constitution (which relate
to the prerogative of mercy).
Assignments
of responsibilities to Ministers
86. (1) The President, acting in accordance with the advice of the Prime Minister
may, be directions in writing, assign to the Prime Minister of any other Minister
responsibility for the conduct (subject to the provisions of this Constitution
and any other law) or any business of the Government, including responsibility
for the administration of any department of the Government.
Exercise
of President’s functions
88. (1) In the exercise of his functions under the Constitution or any other
law, the President shall act in accordance with the advice of the Cabinet or
of a Minister acting under the general authority of the Cabinet except in cases
where he is required by this Constitution to act in accordance with the advice
of, or after consultation with, any person or authority other than the Cabinet
or in his own deliberate judgement.
President
to be kept informed
89. The Prime Minister shall keep the President fully informed concerning the
general conduct of the government of Fiji and shall furnish the President with
such information as he may request with respect to any particular matter relating
to the government of Fiji.
NAURU
Like
Fiji (from 1990), Vanuatu, Western Samoa, and Kiribati,
Nauru has dispensed with the oversea Queen, and
opted for a completely local Head of State. Unlike
the office in Fiji, Vanuatu, Western Samoa and
Kiribati, Nauru’s President is both formal
head of state and operating chief executive officer
(combining, in effect, the ceremonial duties of
a Governor-General with the functions of a first
minister).
Nauru,
while rejecting some of the labels, has preserved
the essence of the Westminster System, as the President
is appointed by Parliament from amongst its own
members. The president then chooses a Cabinet to
be collectively responsible to Parliament, from
the remaining members of Parliament.
The
Cabinet, in familiar constitutional formula, is
to have executive authority, with the “general
direction and control of the government of Nauru”.
Without
analysing the debates of the Nauruan Constitutional
Convention, one might guess that Nauruans have
opted for constitutional simplicity, as opposed
to conventional duality. As the head of state and
chief executive officer, there is no need for Privy
Council or Executive Council to shadow the Cabinet.
Relevant
provisions of the Constitution of Nauru, of 1968,
are set out below:
The
President and the Executive
16. (1) There shall be a President of Nauru, who shall be elected by Parliament.
(2) A person is not qualified to be elected President unless he is a member
of Parliament.
(3) The Speaker and the Deputy Speaker are not qualified to be elected President.
(4) The President holds office until the election of another person as President.
(5) Parliament shall elect a President-
a) Whenever the office of President is vacant;
b) At the first sitting of Parliament next following its dissolution; and
c) Whenever-
i. The President tenders the resignation of his office by writing under his
hand delivered to the Speaker;
ii. A resolutuon for the removal from office of the President and ministers
is approved under Article 24; or
iii. The President ceases to be a Member of Parliament otherwise than by reason
only of its dissolution.
17.
(1) The executive authority of Nauru is vested
in a Cabinet constituted as provided by this Part
and the Cabinet has the general direction and control
of the government of Nauru.
(2) The Cabinet is collectively responsible to Parliament.
18.
(1) The Cabinet consists of the President and the
Ministers appointed under Article 19.
19.
(1) Whenever a President is elected, he shall as
soon as practicable appoint four or five members
of Parliament to be Ministers of the Cabinet.
20.
A Minister ceases to hold office-
a)
Upon the election of President
b) Upon resigning his office by writing under his hand delivered to the President
c) Upon being removed from office by the President; or
d) Upon ceasing to be a Member of Parliament otherwise than by reason only
of its dissolution.
21.
The Cabinet may appoint a Minister to perform the
duties and exercise the functions of the President
during any period during which the President is
unable to act owning to illness, absence from Nauru
or any other cause.
22.
(1) The President shall preside at meetings of
the Cabinet.
23.
The President may assign to himself or to a Minister
responsibility for any business of the government
or Nauru and may revoke or vary an assignment made
under this Article.
24.
(1) Where Parliament on a resolution approved by
at least one-half of the total number of members
of Parliament resolves that the President and Ministers
be removed from office on the grounds that it has
no confidence in the Cabinet, an election of a
President shall be held.
NIUE
Niue’s
Constitution 1974, which is scheduled to the Niue
Constitution Act 1974 (NZ) is a simpler version
of the Cook Islands Constitution. The British Queen
is retained as Head of State, with the Governor-General
of New Zealand Her representative (mostly absentee)
in Niue. The Premier is elected by members of the
Assembly, and the Premier then selects three Ministers
to form a Cabinet. Both the Premier and Minister
must be members of the Assembly. With a largely
absent formal Head of State, Bills become law after
third reading in the Assembly when the Speaker
and the Clerk certify that the Bill has been constitutionally
passed.
Relevant
provisions of the Constitution are set out below:
The
Executive Government of Niue
1. Executive authority vested in the Crown – The executive authority
of Niue is vested in Her Majesty the Queen in right of New Zealand, and the
Governor-General of New Zealand is accordingly the representative of Her Majesty
the Queen in relation of Niue.
The
Cabinet
2. Cabinet of Ministers of Niue –
(1) There shall be a Cabinet of Ministers of Niue (hereinafter referred to
as the Cabinet) which shall consist of the Premier of Niue (who shall be a
member of the Niue Assembly) and 3 other members of the Niue Assembly.
(2)
Subject to this Constitution, the executive authority
of Niue may be exercised on behalf of her Majesty
by the Cabinet, which shall have the general direction
and control of the executive government of Niue,
and shall have such other functions and powers
as conferred on it by law.
3.
Ministers to be collectively responsible – (1)
The members of the Cabinet (hereinafter referred
to as Ministers) shall be collectively responsible
to the Niue Assembly.
4.
Premier of Niue-
(1) There shall be a Premier of Niue, who shall be elected to that office by
an absolute majority of the members present and voting at a meeting of the
Niue Assembly.
(2)
The Niue Assembly shall proceed to elect the Premier
at the first meeting of the assembly after a general
election, and also in each of the following circumstances:
(a)
If the Premier ceases to be a member of the Assembly
for any reason other than the dissolution thereof;
or
(b)
If the Premier Speaker or is deemed to have tendered
his resignation pursuant to Article 6(3) or Article
7(3) of this Constitution.
6.
Vote of Confidence in Cabinet-
(1) At any meeting of the Niue Assembly-
(a) The Premier, or another Minister acting on behalf of the Premier, may give
notice of his intention to move a Vote of Confidence in the Cabinet, either
generally or on any measure proposed by the Cabinet for adoption by the Assembly;
(b)
Any 4 or more members of the assembly who are not
Ministers may give notice of their intention to
move a vote of no confidence
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