フィジー共和国憲法にみる「伝統」と「近代化」の相剋
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概要
- 論文の詳細を見る
Constitution of Fiji 1990 is called the racist constitution. For there are many provisions against the equality of the people. For example ; 1. Among the 70 members of the House of Representatives, 37 members shall be elected from Fijians, 27 members from Indians, 1 from Rotumans, and 5 from neither Fijians, Indians, nor Rotumans. (section 41) 2. The Sanate shall consist of 34 members appointed by the Presisent on the advice of the Bose Levu Vakaturaga (Council of the Great Chiefs). Among the 34 members, 24 member shall be appointed from Fijians, 1 from Rotumans, and the others from neither Fijians nor Rotumans. (section 54) 3. This Constitution recognizes the Bose Levu Vakaturaga. (section 3) This is the Council of the traditional Great Chiefs. So almost all the members of 56 are Fijians. 4. The President shall be appointed by the Bose Levu Vakaturaga. (section 31) 5. The president, acting in his own deliverate judgement, 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 the house. (section 83) Needless to say, these provisions must not be admitted from the point of view that believes in the universality of the fundamental principles of the modern constitution established through the civil revolutions in the western countries. But are there no room of doubt about such a view? If there had not been the coup in 1987 and had not been enacted this 'racist constitution', the indigenous Fijian people might have been the helpless minority in their own country. Frankly speaking, we have to appreciate the positive side of this constitution. To provide the paramountcy of Fijian in the constitution, the inevitable tragedy of Fijian people was avoided. After the event of 1987, Indians continue to emigrate from Fiji and now indigenous Fijian regain the status of majority in the population. Now reviewing the constitution is going on. The report of the Constitution Review Commission was issued on September 1996. This report titled 'Towards United Future'. It recommends the more democratic constitution than that of 1990. I think it necessary to consider the actual economical, social and political situation made by the constitution of 1990. When we study a constitution, we usually read just the text and value the constitution. But such attitude must be changed. We have to take into account its economical, social, and political effect that the constitution brings. The Fiji constitution shows it clearly.
- 日本法政学会の論文
- 1997-05-15
日本法政学会 | 論文
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