In the wake of the April 1980 coup d'etat and the suspension of the Constitution of 1847, the National Constitution Drafting Commission in 1983 submitted a new draft Constitution of the Republic of Liberia (see 1983 Draft Constitution). Before the public's ratification of the draft, a 59-member Constitution Advisory Assembly was empowered by the military council to make any revision or write a new draft if it so deemed. Among the major revisions made by the Assembly were the scrapping of such autonomous commissions as Judicial Service and Ombudsman; increase in the presidential term to two consecutive six-year terms; and the removal of the entrenchment provision as well as the removal of the provision banning military personnel from participating in partisan politics. (Dunn, D. Elwood , Amos J. Beyan, Carl Patrick Burrowes. Historical Dictionary of Liberia: 2nd Edition. Scarecrow Press, 2001. p86-7. Used by permission )
CONSTITUTION OF THE REPUBLIC OF LIBERIA
TABLE OF CONTENTS
BASIC
DETAILED
Preamble
Chapter I - Structure Of The State
Chapter II - General Principles Of National Policy
Chapter III - Fundamental Rights
Chapter IV - Citizenship
Chapter V - The Legislature
Chapter VI - The Executive
Chapter VII - The Judiciary
Chapter VIII - Political Parties And Elections
Chapter IX - Emergency Powers
Chapter X - Autonomous Public Commissions
Chapter XI - Miscellaneous
Chapter XII - Amendments
Chapter XIII - Transitional Provisions
Schedule
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Detailed Index
CONSTITUTION OF THE REPUBLIC OF LIBERIA
PREAMBLE
CHAPTER I - STRUCTURE OF THE STATE
Article 1. Power of the People
Article 2. Supremacy of the Constitution
Article 3. Counties of the Republic and Form And Branches of Government
CHAPTER II - GENERAL PRINCIPLES OF NATIONAL POLICY
Article 4. Effects of General Principles and Policy
Article 5. Principles on Unity and Culture
Article 6. Principles on Equality in Educational Opportunities
Article 7. Principles on Management of National Economy
Article 8. Principles on Non discrimination in Employment Opportunities
Article 9. Principles on Regional and Bilateral Cooperation
Article 10. Publication, Dissemination and Teaching of the Constitution
CHAPTER III - FUNDAMENTAL RIGHTS
Article 11 .
a. Right to Life, Liberty , Security and Property
b. Entitlement to Fundamental Rights
c. Right to Equal Protection of the Law
Article 12. Prohibition Against Slavery and Forced Labor
Article 13.
a. Right to Freedom of Movement
b. Right to Leave and Enter the Republic and Extradition of Liberian Citizens and Non Liberian Residents
Article 14. Right to Freedom of Thought, Conscience and Religion
Article 15.
a. Right to Freedom of Expression
b. Scope of Right to Freedom of Expression
c. Right of Public to be Informed
d. Right of Access to State Owned Media
e. Limitation of Freedom of Expression
Article 16. Right to Privacy
Article 17 . Right to Peaceful Assembly and Association
Article 18. Right to Equal Opportunity for Work and Employment
Article 19. Right not to be Subject to Military Law
Article 20.
a. Right to Jury Trial and Due Process of Law
b. Right to Appeal
Article 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 Punishment
e. Prohibition Against Torture or Inhumane Treatment
f. Right to be Presented before Court
g. Right to Writ of Habeas Corpus
h. Right to an Indictment by A Grand Jury when Charged 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
Article 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
Article 23.
a. Property Right of Spouse in or After Marriage
b. Legislative Enactment of Laws on Devolution of Estates
Article 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
Article 25. Prohibition Against Impairment of Right to Contract
Article 26 . Right to Sue the Republic or other Persons for Fundamental Rights Violations
CHAPTER IV - CITIZENSHIP
Article 27.
a. Citizenship on Coming into Force of Constitution
b. Eligibility for Citizenship by Birth and Naturalization Restricted to Negroes
Article 28. Legislature to Prescribe Standard for Citizenship
CHAPTER V - THE LEGISLATURE
Article 29 . Establishment of Legislature
Article 30. Qualifications for Membership of Legislature
Article 31 . Oath of Members
Article 32.
a. Sessions of Legislature
b. Right of President to extend Session for Emergency
Article 33. Quorum
Article 34. Powers of Legislature
Article 35. Veto of Proposed Legislation by President
Article 36. Remuneration for Members of Legislature
Article 37. By Election to Fill Vacancy
Article 38 . Power of Legislature to Adopt Own Rules
Article 39. Legislature to Authorize Census
Article 40. Adjournment of Legislature
Article 41 . Languages to Conduct Business
Article 42 . Immunity of Members of Legislature
Article 43 . Impeachment Power of Legislature
Article 44. Contempt of the Legislature
Article 45. Term of Office of Senators
Article 46. Staggering of Senatorial Terms
Article 47 . Election of Officers of Senate
Article 48 . Term of Office of Members of House of Representatives
Article 49 . Election of Officers of House of Representatives
CHAPTER VI - THE EXECUTIVE
Article 50. Establishment of the Office of President and Tenure of Office of President
Article 51. Establishment of the Office of Vice President And Prescribing Term of Office
Article 52. Qualifications for Election to Office of President And Vice President
Article 53. Oath of President and Vice President
Article 54. Appointment Power of President
Article 55. Appointment Power of President of Notaries Public And Justices of the Peace
Article 56 .
a. Removal Power of the President
b. Elections and Removal of Chiefs
Article 57. Presidential Power to Conduct Foreign Affairs
Article 58. President to Present Annual Legislative Programs
Article 59. Power of President to Pardon
Article 60. Compensation for President and Vice President
Article 61. Immunity of President
Article 62. Removal of President and Vice President from Office
Article 63 .
a. Accession to Presidency by Vice President Elect After the Death or Inability of President Elect
b. Completion of an Unexpired Presidential Term by Vice President
c. Guidelines and Procedures to declare the President Incapable to carry out the Duties of His Office
d. Power of President to Nominate a Vice President
Article 64 . Accession to the Presidency in the Event of Vacancy In Offices of the President and the Vice President
CHAPTER VII - THE JUDICIARY
Article 65. Vesting of Judicial Powers in the Supreme Court
Article 66. Supreme Court to Have Final Appellate Jurisdiction
Article 67. Composition of Supreme Court
Article 68. Qualifications for Appointment as Justices of Supreme Court
Article 69 . Qualifications for Appointment as Judges of Subordinate Courts
Article 70. Oaths of Justices and Judges
Article 71 . Tenure and Impeachment of Justices and Judges
Article 72 .
a. Salaries and Allowance of Justices and Judges
b. Retirement age of Justices and Judges
Article 73. Immunity of Justices and Judges
Article 74. Contempt Power of Courts
Article 75 . Power of Supreme Court to Make Rules of Court and Prescribe Code of Conduct for Lawyers
Article 76.
a. Definition of Treason
b. Legislature to Prescribe Punishment for Treason
CHAPTER VIII- POLITICAL PARTIES AND ELECTIONS
Article 77.
a. Establishment of Political Parties
b. Conduct of Elections and Eligibility Criteria for The Exercise of the Right to Vote
Article 78. Definition of "Association", "Political Parties" And "Independent Candidate"
Article 79.
a. Criteria for Registration as a Political Party Or Independent Candidate
b. Membership of Political Party or Independent Candidate's Organization
c. Location of Headquarters of Political Party and Independent Candidate
d. Limitation on Name, Objective, Emblem and Motto Of Political Party and Independent Candidate
e. Constitution and Rules of Political Party and Independent Candidate
Article 80.
a. Power of Elections Commission to Deny Registration Of Political Party or Independent Candidate
b. Power of Elections Commission to Revoke Registration of Political Party or Independent Candidate
c. Right of Citizen to Vote and Change Constituency
d. Creation and Limitation of Constituency
e. Right of Elections Commission to Reapportion Constituencies
Article 81 . Right of Citizen, Political Party, Organization or Association to Canvass for Votes in an Election
Article 82.
a. Right of Citizen, Association or Organization To Contribute Funds to Political Party or Independent Candidate
b. Prohibition on Possession of Funds Outside the Republic or Contribution From Outside the Republic to any Political Party or Independent Candidate
c. Power of Elections Commission to Examine And Audit the Books of Political Parties or Independent Candidates
Article 83.
a. Time for Conducting General Elections
b. Elections of Public Officers to be Determined by Absolute Majority
c. Power of Elections 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
Article 84. Legislature to Provide Penalties for Violation Of Chapter and Enact Laws in Furtherance Of Constitution
CHAPTER IX - EMERGENCY POWERS
Article 85. Power of President to Order Armed Forces into State of Combat Readiness
Article 86.
a. Power of President to Declare State Of Emergency
b. Conditions Under which State of Emergency may be Declared
Article 87.
a. Limitations on Use of Emergency Powers
b. Right to Writ of Habeas Corpus not Affected by State of Emergency
Article 88. The Establishment of Autonomous Public Commission and Power of Legislature to Enact Laws for their Governance
CHAPTER X - AUTONOMOUS PUBLIC COMMISSIONS
Article 89. The Establishment of Autonomous Public Commissions and Power of Legislature to Enact Laws for their Governance
CHAPTER XI - MISCELLANEOUS
Article 90 .
a. Prohibition Against Conflict of Interest
b. Prohibition Against Public Officials Demanding and Receiving Perquisites For Duties Legally Required
c. Power of Legislature to Prescribe Code of Conduct Against Conflict of Interest
CHAPTER XII - AMENDMENTS
Article 91. Initiation and Process of Amendment
Article 92. Publication of Proposal for Amendment and Separately Itemizing Amendments Sought
Article 93. Limitation of Presidential Terms of Office
CHAPTER XIII - TRANSITIONAL PROVISIONS
Article 94.
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 Into Force of Constitution
c. Convening of Newly Elected Legislature d. Position of Persons Appointed Prior to Coming into Force of Constitution
Article 95 .
a. Abrogation of Constitution of July 26, 1847
b. Status of Treaties, Executive and Other Agreements Concluded by prior Government
c. Status of Foreign and Domestic Debts Concluded by Prior Governments
Article 96 .
a. Continuity of Judiciary After the Coming Into Force of the Constitution and Power Of President to Appoint
b. Legal Proceedings Concluded not to be Commenced Anew
Article 97.
a. Prohibition Against Question 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 On April 12, 1980 or any Other Act by People's Redemption Council
SCHEDULE
1. Schedule to Form Integral Part of Constitution
2. Oaths for Public Officials
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