Abstract

The judgment in Qarase v. Bainimarama provided a legal basis for the 2006 military coup in Fiji and stated that the President was entitled to grant authority to the military to act outside of the powers prescribed by the written Constitution. According to the ruling, the Royal Prerogative powers that remained in government following British rule could be utilised by the President at any time that he considered it necessary. This paper explores the rationale for that judgment and the role that Royal Prerogative powers may play in the governance of countries that were previously subject to British rule. It further considers the impact of this judgment upon democracy in Fiji and the future protection of human rights for its citizens