Farthing Scholar Dane Luo supports Fiji Law Society in landmark Supreme Court case

Dane Luo, Pembroke College’s Farthing Scholar in Administrative Law, recently played a key role in supporting the Fiji Law Society in a historically significant Supreme Court case for the people of Fiji.

The Fiji Law Society is a membership-based community of Fijian lawyers who assist the Fiji Government in matters affecting legislation and law reform. In July 2025, the Society contacted Dane for assistance. They had been invited by the Supreme Court of Fiji to be an intervenor in a reference from the Cabinet about the interpretation and application of the Constitution of Fiji.

Along with Professor Patrick Keyzer from the Australian Catholic University, Dane provided pro bono support, ultimately assisting Arthur Moses SC in acting for the Society at the hearing. Dane’s extensive preparation, and time spent in Fiji during the hearing, was supported by Pembroke’s Farthings Scholars initiative.

Dane explains that “Fiji’s constitutional history has involved political and legal turmoil. Since the nation achieved independence in 1970, it has had four constitutions. The first, the 1970 Constitution, was negotiated at independence but was abrogated in 1987 in a coup led by the current Prime Minister, Sitiveni Rabuka. The second, the 1990 Constitution, was soon changed by a constitutional commission, leading to the third, the 1997 Constitution. That was quickly the subject of an unsuccessful civilian coup in 2000 and a successful military coup in 2006. It was abrogated in 2009 until the fourth, the 2013 Constitution, was enacted by Presidential decree.”

This year’s Supreme Court hearing sought to establish whether this 2013 Constitution should be recognised by the courts as legally effective.  While some parties argued that the 1997 Constitution should be restored, the Fiji Law Society maintained that the 2013 Constitution, which is largely accepted by the Fijian people, is the supreme law of Fiji. In its twelve years of operation, the current Constitution has produced three elections and a Parliament that has enacted over 400 Acts.

“In the two months leading to the case,” Dane recalled, “I familiarised myself with legal precedents and the surrounding constitutional history in Grenada, Pakistan, Uganda, Lesotho and Seychelles to derive a set of principles about how courts should respond to coups, revolutions and extra-constitutional actions.” 

“Being able to conduct this extensive research, reviewing the voluminous evidence submitted to the Court, making first drafts of written submissions and speaking notes to be settled by senior counsel, and spending a week in Fiji to participate in the hearing was made possible through the generous support of the Farthing Scholars initiative. It has allowed me to pursue my research and teach undergraduate students at Pembroke College during term time without having to worry about seeking out paid work over the vacation.”

At the hearing in August 2025, the Court accepted the submissions of the Fiji Law Society, holding that the 2013 Constitution should be given legal recognition.

Dane has been recognised by the Fiji Law Society for his work on this case, which will have a profound impact for the people of Fiji. The Court’s decision is available here.