title: What makes constitutions legitimate? A legal analysis of constitutions and legitimacy: The example of Fiji.

authors: Shameem, Shaista

subjects: Constitutions

abstract: The title of this thesis What makes Constitutions Legitimate? A Legal Analysis of Constitutions and Legitimacy: the Example of Fiji gives an indication of its subject matter and its significance to understanding the relationship between legitimacy and legality in constitutional theory. In light of early studies of constitutionalism and case law from the first constitutional case to the most recent in Fiji after a revolution or regime change has occurred the common understanding was that legitimacy and legality were two different theoretical concepts. Legality was obtained through effectiveness and success while legitimacy's attributes were justice and morality. It seemed that legality was more important than legitimacy in any declaration of a successful regime change. 

However, recent scholarship suggests that a deficit in legitimacy is also necessarily a failure of legality. Without justice and morality there is no legality in any constitutional order and thus, following John Locke and specific constitutional provisions appearing in modern constitutions, the lack of legitimacy, precisely because it also indicates absence of legality, gives the citizenry the right to revolt. The question is whether there is a common understanding of the meaning of justice and morality. Morality now refers to rights represented by the Universal Declaration of Human Rights. Justice, on the other hand, is more complex- it incorporates a series of qualities which developed incrementally through the centuries of human progress. Each of these qualities is relevant for a particular time and socio-economic and political space. But, above all, the main quality of justice that seems to be consistent over time are the concepts of fair and independent delivery of law and free access to the mechanisms of justice. 

The application of these concepts to the Fijian context reveals that in most Fijian constitutional instruments from 1865 to date both fair and independent delivery of justice and access to the mechanisms of justice were assured. The two exceptions were the 1990 Constitution and the 2013 Constitution. In both these documents fair and independent delivery of justice and access to the courts were limited by ouster clauses. In the case of the 2013 Constitution the ouster provisions are so serious as to dislodge the fundamental grundnorm of Fiji established by the first Constitution of 1865, reinforced by the 1970 Constitution, where people's rights were considered to be free and unfettered. The 21st century constitutional situation thus triggers the right to rebel should the citizens of Fiji feel so inclined. To fend off the risk of violence in the community in response to the unlawful and illegitimate 2013 Constitution what is proposed in this thesis is a new Constitution, based on the last consensus based instruments, namely the 1997 Constitution fortified by the 2008 People's Charter. The innovative methodology of autopoiesis is used to draft the framework and principles of a justice-defined Fijian Constitution for the future.

text: What makes constitutions legitimate? A legal analysis of constitutions and legitimacy: The example of Fiji. The title of this thesis What makes Constitutions Legitimate? A Legal Analysis of Constitutions and Legitimacy: the Example of Fiji gives an indication of its subject matter and its significance to understanding the relationship between legitimacy and legality in constitutional theory. In light of early studies of constitutionalism and case law from the first constitutional case to the most recent in Fiji after a revolution or regime change has occurred the common understanding was that legitimacy and legality were two different theoretical concepts. Legality was obtained through effectiveness and success while legitimacy's attributes were justice and morality. It seemed that legality was more important than legitimacy in any declaration of a successful regime change. 

However, recent scholarship suggests that a deficit in legitimacy is also necessarily a failure of legality. Without justice and morality there is no legality in any constitutional order and thus, following John Locke and specific constitutional provisions appearing in modern constitutions, the lack of legitimacy, precisely because it also indicates absence of legality, gives the citizenry the right to revolt. The question is whether there is a common understanding of the meaning of justice and morality. Morality now refers to rights represented by the Universal Declaration of Human Rights. Justice, on the other hand, is more complex- it incorporates a series of qualities which developed incrementally through the centuries of human progress. Each of these qualities is relevant for a particular time and socio-economic and political space. But, above all, the main quality of justice that seems to be consistent over time are the concepts of fair and independent delivery of law and free access to the mechanisms of justice. 

The application of these concepts to the Fijian context reveals that in most Fijian constitutional instruments from 1865 to date both fair and independent delivery of justice and access to the mechanisms of justice were assured. The two exceptions were the 1990 Constitution and the 2013 Constitution. In both these documents fair and independent delivery of justice and access to the courts were limited by ouster clauses. In the case of the 2013 Constitution the ouster provisions are so serious as to dislodge the fundamental grundnorm of Fiji established by the first Constitution of 1865, reinforced by the 1970 Constitution, where people's rights were considered to be free and unfettered. The 21st century constitutional situation thus triggers the right to rebel should the citizens of Fiji feel so inclined. To fend off the risk of violence in the community in response to the unlawful and illegitimate 2013 Constitution what is proposed in this thesis is a new Constitution, based on the last consensus based instruments, namely the 1997 Constitution fortified by the 2008 People's Charter. The innovative methodology of autopoiesis is used to draft the framework and principles of a justice-defined Fijian Constitution for the future.

year: 2019

title: Students’ perceptions of education for sustainable development in the accounting and business curriculum at a business school in New Zealand

authors: Sharma, Umesh Prasad

subjects: learning

abstract: Purpose – The purpose of this paper is to explore students’ perceptions and understandings of, and attitudes towards, education for sustainable development (ESD) at Delta Business School (DBS) in New Zealand [1]. The aim is to extend the limited literature on students’ perceptions of ESD within an accounting and business curriculum. 
Design/methodology/approach – To ascertain the students’ evaluations of their ESD, a survey was administered to 60 accounting and business students at DBS. The survey data were supplemented with interview evidence from 20 of the 60 students to obtain a deeper understanding of the students’ evaluations. 
Findings – A majority of the students perceive ESD as a “good thing.” Students were supportive of the sustainable business learning experience offered at DBS. The results suggest that students’ knowledge of sustainable business practices improved significantly from their studies. 
Practical implications – The paper should assist education providers to assess how students perceive ESD. This may help bring about changes to improve the teaching of sustainable development. Universities can be the main providers of ESD, but other educational providers such as the professional accounting bodies will also need to manage the development of ongoing education processes. Most students at DBS believe they are obtaining a good understanding of the concept of sustainability. 
Originality/value – There is a shortage of research concerning how students perceive sustainable development education. This paper contributes to the discussion of what to incorporate in sustainable education programmes, to help students properly understand sustainable development. We believe accounting and business education should develop graduates into broad-minded thinkers with a capacity for independent and critical thought. This will prepare them for future leadership roles.

text: Students’ perceptions of education for sustainable development in the accounting and business curriculum at a business school in New Zealand Purpose – The purpose of this paper is to explore students’ perceptions and understandings of, and attitudes towards, education for sustainable development (ESD) at Delta Business School (DBS) in New Zealand [1]. The aim is to extend the limited literature on students’ perceptions of ESD within an accounting and business curriculum. 
Design/methodology/approach – To ascertain the students’ evaluations of their ESD, a survey was administered to 60 accounting and business students at DBS. The survey data were supplemented with interview evidence from 20 of the 60 students to obtain a deeper understanding of the students’ evaluations. 
Findings – A majority of the students perceive ESD as a “good thing.” Students were supportive of the sustainable business learning experience offered at DBS. The results suggest that students’ knowledge of sustainable business practices improved significantly from their studies. 
Practical implications – The paper should assist education providers to assess how students perceive ESD. This may help bring about changes to improve the teaching of sustainable development. Universities can be the main providers of ESD, but other educational providers such as the professional accounting bodies will also need to manage the development of ongoing education processes. Most students at DBS believe they are obtaining a good understanding of the concept of sustainability. 
Originality/value – There is a shortage of research concerning how students perceive sustainable development education. This paper contributes to the discussion of what to incorporate in sustainable education programmes, to help students properly understand sustainable development. We believe accounting and business education should develop graduates into broad-minded thinkers with a capacity for independent and critical thought. This will prepare them for future leadership roles.

year: 2014

title: Planning for the protection and enhancement of marine environments' wellbeing

authors: Barnsdall, Aaron

subjects: marine

abstract: The wellbeing of marine environments has a direct relationship with the types of whenua (land, placenta) use and management practices that go from the mountains to the sea. In Aotearoa, activities that are carried out in this land-marine interface, including those related to Nature-based Solutions (NbSs), are regulated by national, regional, and district policies (e.g., New Zealand Coastal Policy Statement, regional plans, and district plans). However, due to its novel character, not all current policies account for the realisation of NbSs nor are NbSs’ potential for addressing the wellbeing of our marine environments well understood.

This dissertation focuses on Tauranga Moana (the seas of Tauranga) as the chosen locality for the case study area, to:

i) investigate how the Ngapeke 7 Trust’s community participants in the Ngāti Pūkenga area of Tauranga Moana understand and value NbSs for addressing the wellbeing of their marine systems; and,
ii) review current planning policies and mechanisms to identify barriers, enablers, and gaps that support or hinder the implementation of NbSs in Tauranga Moana, observing through a Kaupapa Māori lens.

Findings emphasize that integrating mātauranga Māori and Māori Ecological Knowledge (MEK) with scientific knowledge offers a holistic approach to environmental management, enhancing decision-making, education, and policy. Key Māori values, including whakapapa, mauri, and kaitiakitanga, are central to this approach.

The research identifies gaps in policies regarding NbS realization and a need for greater understanding of NbS potential and Māori perspectives. Implications include the necessity of integrating MEK into environmental practices and policies, and the value of NbSs for effective and equitable environmental outcomes. Limitations include sample size and scope, which focused on the Ngapeke 7 block. This research contributes valuable insights for environmental planning and management by centring mātauranga Māori and values in NbS implementation for marine health.

text: Planning for the protection and enhancement of marine environments' wellbeing The wellbeing of marine environments has a direct relationship with the types of whenua (land, placenta) use and management practices that go from the mountains to the sea. In Aotearoa, activities that are carried out in this land-marine interface, including those related to Nature-based Solutions (NbSs), are regulated by national, regional, and district policies (e.g., New Zealand Coastal Policy Statement, regional plans, and district plans). However, due to its novel character, not all current policies account for the realisation of NbSs nor are NbSs’ potential for addressing the wellbeing of our marine environments well understood.

This dissertation focuses on Tauranga Moana (the seas of Tauranga) as the chosen locality for the case study area, to:

i) investigate how the Ngapeke 7 Trust’s community participants in the Ngāti Pūkenga area of Tauranga Moana understand and value NbSs for addressing the wellbeing of their marine systems; and,
ii) review current planning policies and mechanisms to identify barriers, enablers, and gaps that support or hinder the implementation of NbSs in Tauranga Moana, observing through a Kaupapa Māori lens.

Findings emphasize that integrating mātauranga Māori and Māori Ecological Knowledge (MEK) with scientific knowledge offers a holistic approach to environmental management, enhancing decision-making, education, and policy. Key Māori values, including whakapapa, mauri, and kaitiakitanga, are central to this approach.

The research identifies gaps in policies regarding NbS realization and a need for greater understanding of NbS potential and Māori perspectives. Implications include the necessity of integrating MEK into environmental practices and policies, and the value of NbSs for effective and equitable environmental outcomes. Limitations include sample size and scope, which focused on the Ngapeke 7 block. This research contributes valuable insights for environmental planning and management by centring mātauranga Māori and values in NbS implementation for marine health.

year: 2025-04-16