The context and consequences of the October 2008 Qarase versus Bainimarama High Court Ruling

Abstract

On 9 October 2008, Fiji’s High Court ruled that the President’s actions in appointing an interim cabinet in January 2007 and in continuing to rule by decree in the wake of Fiji’s 5 December 2006 coup ‘were valid and are held to be lawful’. The three-member High Court panel, led by acting Chief Justice Anthony Gates, drew the conclusion that ‘exceptional circumstances existed’ because ‘the stability of the State was endangered’, so the President was entitled to use certain ‘prerogative powers’ not provided for in the constitution (High Court of Fiji 2008). The decision had, as was clearly intended, the effect of legitimising the post-coup interim order. It is worth considering the context of the Qarase versus Bainimarama ruling.