Reference no: EM133488876

The exercise of the concept of limited government is integral to any democratic society, including Fiji. It therefore, requires that each branch (legislature, executive and judiciary) of Government to carry out its core responsibility independently of each other but also interdependently akin to a three legged stool, to a lesser extent, so as to provide checks and balances.

Fiji being no different from most common law jurisdiction practices the principle of limited Government.

Scenario

In the Fiji Parliament, during the debate of a bill a heated argument ensured between a senior Government Minister and a member of the Opposition. Two days later at a public function organised by the United Nations Development Programme Office at Grand Pacific hotel met again. But this time, from verbal it precipitated to physical altercation. From the witness present at the scene, it was established that the first punch was thrown by the Government Minister.

The Opposition Member of Parliament reported the matter to the police immediately and the Speaker of the House was also advised of the incident.

Now the matter is both before the Parliament and the police department.
Police have carried out their investigation and there is ample evidence to lay charges.

In the meantime, the Parliament through a designated Committee carried out its investigation and is ready to submit its finding to the Parliament for deliberation and vote.

Write a memorandum on the above covering the following:

1. You are to investigate the process which is involved when such an incident occurs.

2. How best does the principle of limited government address the situation and final outcome that is equitable to the aggrieved party?

3. Which method will provide the most desirable outcome?

Support your answer with legislation and regulations, cases and any other legal or other sources.