THE President, Ratu Josefa Iloilo, has the powers to dismiss the Prime Minister and to act outside the Constitution in the interest of the country in times of crisis.
This was the argument put forward by the State counsel Richard Gordon QC at the Fiji Court of Appeal case yesterday.
Mr Gordon said under the Constitution, the President possessed the power to act outside the Constitution which included appointing a caretaker government.
He said the Constitution states that the President has the power to act in the best interest of the nation in times of crisis.
He said there were cases in the High Court that reflected the issues concerning the prerogative powers of the President.
He said the powers of necessity President Ratu Josefa Iloilo used when giving legality to the military-proposed interim government was common law.
"The crisis situation in Fiji was such that the head of state had to move outside the boundaries of the Constitution, however there is no clear definition on what the head of state may or may not to do," said Mr Gordon.
The case will run for four days and continues today.