Liberia Draft Constitution 1983

1983 Draft Constitution

Following the coup d'etat of April 1980, the military leaders suspended the Liberian Constitution of 1847, which had been in force continuously for 133 years, subject to a number of amendments. The ruling military council would issue a series of decrees by which the country was constitutionally guided until 1983. In that year the 25-rnember National Constitution Drafting Commission submitted a new draft Constitution of the Republic of Liberia. The draft retained the essential republican form with three separate, independent and coordinate branches-the legislature, the executive and the judiciary. It sought to exclude certain 19th-century embellishments that were in the 1847 Constitution, to limit each president to two consecutive four-year terms; to create a Judicial Service Commission, for vetting candidates for judicial appointments; to create an Ombudsman Commission,with powers to investigate misfeasance and malfeasance in the public sector; and to ban military personnel from participation in partisan politics.

The Constitution Commission consisted of Amos C. Sawyer, chairman; D.K. Wonsehleay, cochairman; and members: Robert G.W. Azango, J. Gornee N. Barlefay, J. Emmanuel Berry, George D. Browne, Augustus F. Caine, H. Boima Fahnbulleh, Sr., Bangaly Fofana, Philip G. Gadegbeku, Alfred V.W. Gayflor, Isaac L. George, J. Rudolph Grimes, Abraham L. James, Peter A. Johnson, David D, Kpormakpor, Henry G. Kwekwe, Albert Porte, Patrick L.N. Seyon, J. Teah Tarpeh, Stephen Byron Tarr, B. Mulbah Togbah, Wolor Topor, Rebecca Ware-Wilson, and Tuan Wreh. (Dunn, D. Elwood , Amos J. Beyan, Carl Patrick Burrowes. Scarecrow Press, 2001. p86 Used by permission )
The 1983 Constituiton underwent major revisions before it was enacted (See Constitution of 1984).

top
CONSTITUTION OF 1983
Table of Contents
Arrangement of Articles
TABLE OF CONTENTS
PREAMBLE
CHAPTER I STRUCTURE OF THE STATE CHAPTER II GENERAL PRINCIPLES OF NATIONAL POLICYCHAPTER III FUNDAMENTAL RIGHTS CHAPTER IV CITIZENSHIP CHAPTER V THE LEGISLATURECHAPTER VI THE EXECUTIVE CHAPTERCHAPTER VII THE JUDICIARY CHAPTER CHAPTER VIII POLITICAL PARTIES AND ELECTIONS CHAPTER IX EMERGENCY POWERSCHAPTER X AUTONOMOUS PUBLIC AGENCIES CHAPTER XI MISCELLANEOUS CHAPTER XII AMENDMENTS CHAPTER XIII TRANSITIONAL PROVISIONSSCHEDULEtop
CONSTITUTION OF THE REPUBLIC OF LIBERIA ARRANGEMENT OF ARTICLES
PREAMBLE
CHAPTER I STRUCTURE OF THE STATE
1. Power of the People 2. Supremacy of the Constitution 3. Counties of the Republic and Form and Branches of Government
CHAPTER II GENERAL PRINCIPLES OF NATIONAL POLICY
4. Unenforceability of General Principles 5. Principles on Unity, Culture and Corruption 6. Principles on Equality in Educational Opportunities 7. Principles on the Management of National Economy8. Principles on Non-discrimination in Employment Opportunities 9. Principles on Regional and Bilateral Cooperation 10. Publication, Dissemination and Teaching of the Constitution
CHAPTER III FUNDAMENTAL RIGHTS
11.a.Right to Life, Liberty ,Security and Property b.Entitlement to Fundamental Rights c.Right to Equal Protection of the Law
12. Prohibition Against Slavery and Forced Labor13.a. Right to Freedom of Movement b. Right to Enter and Leave the Republic and Against Expulsion and Extradition of Liberian Citizens
14. Right to Freedom of Thought, Conscience and Religion 15. a. Right to Freedom of Expression b. Scope of Right to Freedom of Expression c. Right of Public to be Informed d. Limitation of Freedom of Expression 16. Right to Privacy 17. Right to Peaceful Assembly and Association 18. Right to Equal Opportunity in Work and Employment 19. Right not to be Subject to Military Law 20. Right to Jury Trial and Due Process of Law 21. a. Prohibition of Retroactive Law, Bill of Attainder and Ex Post Facto Law b. Prohibition Against Illegal Search or Seizure c. Right to be Informed of Charges and Right to Remain Silent d. i. Right to Bail ii. Prohibition Against Excessive Bail, Fines and Punishmente. Prohibition Against Torture or Inhumane Treatment f. Right to be Presented before Court g. Right to Habeas Corpush. Right to be Presented with Information when Charge with Infamous or Capital Offense i. Inviolability of Right to Counsel j. Right to Enjoyment of Civil Rights and Liberties after Service of Penalty or upon Pardon 22. a. Right to Own Property b. Scope of Right to Own Property c. Right of Non-Citizen Missionary, Educational and Benevolent Institutions to Own Real Property d. Right of Republic to Convey Real Property to Foreign Government 23. a. Property Right of Spouse in or after Marriage b. Legislative Enactment of Laws or Devolution of Estates 24. a. Right of Republic to Expropriate Private Property b. Forfeiture of Property Right by Denaturalized Citizens c. Prohibition Against Inclusion of Forfeiture of Right of Inheritance in Punishment for crime 25. Prohibition Against Impairment of Right to Contract 26. Right to Sue the Republic or other Persons for Fundamental Rights Violations
CHAPTER IV CITIZENSHIP
27. a. Citizenship on Coming into Force of Constitution b. Eligibility for Citizenship by Birth and Naturalization restricted to Negroes c. Legislature to Prescribe Standard for Citizenship28. Citizenship by Parentage 29. a. Prohibition Against Deprivation of Citizenship in Violation of Constitution b. Retention of Citizenship by Liberian Female Citizen Acquiring Citizenship of a Foreign Country by Virtue of Marriage 30. Deprivation of Citizenship of the Republic
CHAPTER V THE LEGISLATURE
31. Establishment of Legislature and Houses 32. Qualification for Membership of Legislature 33. Oaths of Members 34. Sessions of Legislature 35. Quorum 36. Power of Legislature 37. Veto of Legislation by President 38. Remuneration for Members of Legislature 39. By-Election to Fill Vacancy 40. Power of Legislature to Adopt Own Rules 41. Legislature to Authorize Census to be Undertaken 42. Adjournment of Legislature 43. Languages to Conduct Business 44. Immunity of Members of Legislature 45. Impeachment Power of legislature 46. Contempt of the Legislature 47. Term of Office of Senators 48. Staggering of Senate 49. Election of Officers of Senate 50. Term of Office of Members of House of Representatives 51. Election of Officers of House of Representatives
CHAPTER VI THE EXECUTIVE
52. Establishment of the Office of President and Tenure of Office of President 53. Establishment of the Office of Vice-President and Prescribing Term of Office 54. Qualification for Election to Office of President and Vice-President 55. Oaths of President and Vice-President 56. Appointment Powers of President 57. a. Method for Appointment of Superintendents of Counties by President 58. President to Appoint Magistrates, Justices of the Peace and Notaries Public 59. Removal Powers of President 60. President's Power to Conduct Foreign Affairs 61. President to Present Annual Legislative Programs 62. Power of President to Pardon 63. Compensation for President and Vice-President 64. Immunity of President 65. Removal of President and Vice-President from Office 66. a. Conducting of New Elections on Death of Elected President before Inauguration b. Vice-President to Succeed President in the Event of Vacancy of the Office of President c. Election of New Vice-President by Senate in the Event of the Death of Vice-President or Vice-president-Elect 67. Succession to the Presidency in the Event of the Creation of Vacancy in Office of the President and the Vice-President.
CHAPTER VII THE JUDICIARY
68. Vesting of Judicial Power in the Courts69. Supreme Court to Have Final Appellate Jurisdiction 70. Composition of Supreme Court 71. Qualification for Appointment as Justice of Supreme Court 72. Qualification for Appointment as Judge of Subordinate Court 73. Oaths of Justices and Judges 74. Tenure and Impeachment of Justices and Judges 75.a. Salaries and Allowances of Justices and Judges b. Retirement age of Justices and Judges c. Retirement Benefits of Justices and Judges 76. Immunity of Justices and Judges 77. Contempt Power of Courts 78. Power of Supreme Court to Make Rules of Court and Prescribe Code of Conduct for Lawyers 79. a. Definition of Treason b. Legislature to Prescribe Punishment for Treason
CHAPTER VIII POLITICAL PARTIES AND ELECTIONS
80.a. Right to Establish Political Partiesb. Conduct of Elections and Eligibility Criteria for the Exercise of the Right to Vote c. Right of Liberian Citizens to be Registered d. Establishment of Legislative Constituencies e. Power of Electoral Commission to Reapportion Legislative Constituencies 81. Definition of "Association", "Political Parties and "Independent Candidate" 82.a. Criteria for Registration as a Political Party or Independent Candidate b. Membership of Political Party or Independent Candidates' Organizationc. Location of Headquarters of Political Party and Independent Candidate d. Limitation on Name, Objective, Emblem and Motto of Political Party and Candidate e. Constitution and Rules of Political Party and Independent Candidate 83. Power of Electoral Commission to Deny or Revoke Registration of a Political Party or Independent Candidate 84. a. Right of Citizen, Political Party, Organization or Association to Canvass for Vote in an Election b. Deposit by or on Behalf of Candidate as Prerequisite 85. a. Right of Citizen, Political Party, Association or Organization to Contribute to funds of Political Party or Candidate b. Prohibition on Possession of Funds Outside the Republic or Contribution from outside the Republic to any Political Party or Candidate c. Power of Electoral Commission to Examine and Audit the Books of Political Parties or Independent Candidates 86.a. Time for Conducting General Elections b. Elections of Public Officers to be Determined by Absolute Majority c. Power of Electoral Commission to Declare Results of Elections and Right of Appeal by any Aggrieved Party or Candidate d. Publication of Statements of Assets and Liabilities by Political Parties and Independent Candidates 87. Legislature to Provide Penalties for Violation of Chapter and Enact Laws in Furtherance of Constitution.
CHAPTER IX EMERGENCY POWERS
88. Power of President to Order Armed Forces into State of Combat Readiness
89. a. Power of President to Declare State of Emergency b. Conditions Under Which State of Emergency May be Declared
90. a. Limitations on Use of Emergency Powersb. Right to Habeas Corpus not Affected by State of Emergency
91. Convening of Legislature to Ratify, Modify or Revoke the Declaration of a State of Emergency
CHAPTER X AUTONOMOUS PUBLIC AGENCIES
92.a. Establishment of Autonomous Public Agencies b. Qualification for Appointment to Membership on the Autonomous Public Agencies c. Salaries of Members d. Removal of Members e. Autonomous Agencies to Submit Annual Reports
93. Composition, Tenure of Office and Oaths of Members 94. Powers of the Public Service Commission95. Right of Legislature to Define Services Constituting the Public Service and Make Laws for Appointment, Promotion and Retirement
JUDICIAL SERVICE COMMISSION 96. Composition, Tenure of Office and Oaths of Members97. Powers of Judicial Service Commission98. Commission Investigations of Judicial Officials and Personnel to be Based on Due Process
ELECTORAL COMMISSION 99. Composition, Tenure of Office and Oath of Members 100. Powers of Electoral Commission
OFFICE OF AUDITOR-GENERAL 101. a. Qualification and Tenure of Auditor-General b. Power of Legislature to Authorize Audit of the Auditor-General 102. Powers of the Auditor-General 103. Prerequisite for Impeachment Proceedings of Auditor-General
OMBUDSMAN COMMISSION 104. Composition of Commission, Qualification for Appointment to Membership, Tenure of Office and Oaths of Members 105. Powers of Ombudsman Commission 106. Limitations of the powers of the Ombudsman Commission 75
CHAPTER XI MISCELLANEOUS
107.a. Prohibition of Full-Time or Part-Time Private Employment of Public Officials and Employees b. Prohibition Against Public Officials and Employees Receiving other Perquisites, Emoluments or Benefits to Perform Duty Legally Required of Them c. Filing of Statement of Assets and Liabilities by Public Officials and Employees d. Positions to which Chapter Applies e. Power of Legislature to Prescribe a Code of Conduct for Public Officials
CHAPTER XII AMENDMENTS
108. Initiation and Process of Amendment109. Publication of Proposal for Amendment and Separate Itemizing of Amendments Sought 110. Entrenchment of Article Limiting Presidential Term of Office to Two Consecutive 4-Year Terms
CHAPTER XIII TRANSITIONAL PROVISIONS
111.a. Persons Elected Prior to Promulgation of Constitution to be Considered Duly Elected Under Constitution b. Swearing in of Newly Elected President on April 12, 1985 and Coming of Constitution into Force c. Convening of Newly Elected Legislature d. Position of Persons Appointed Prior to New Constitution Coming into Force 112.a. Abrogation of Constitution of July 26, 1847 b. Status of Treaties, Executive and Other Agreements Concluded by Prior Governments c. Status of Foreign and Domestic Debts Concluded by prior Governments 113.a. Extension of Term of October Sitting of People's Supreme Court and Appointment of Ad Hoc Court on Dissolution of Supreme Court b. Continue Sitting of Subordinate Court Until Appointment of New Judges c. Legal Proceedings Commenced or Concluded not to be Commenced Anew 114.a. Prohibition Against Questioning in Judicial or Other Forums of Actions taken by or in the Name of People's Redemption Council b. Prohibition Against Court Entertaining any Action which Brought Change of Government or April 12, 1980 or any other Act by People's Redemption Council 115. Power of Legislature to Prescribe Guidelines and Determine Incapacity of President to Carry out Functions and Duties of Office
SCHEDULE 1. Schedule to Form Integral Part of Constitution 2. Oaths for Public Officials
top
next page
Contents
INTRODUCTION
TABLE OF CONTENTS
ARRANGEMENT OF ARTICLES
PREAMBLE
CHAPTER I CHAPTER II CHAPTER IIICHAPTER IV CHAPTER V
CHAPTER VI CHAPTER VII
CHAPTER VIII CHAPTER IX CHAPTER X CHAPTER XI CHAPTER XII CHAPTER XIII SCHEDULE