Constitution of Liberia
Encyclopedia
The Constitution of Liberia is the supreme law of the Republic of Liberia. The current constitution, which came into force on 6 January 1986, replaced the Liberian Constitution of 1847
, which had been in force since the independence of Liberia. Much like the 1847 Constitution, the Constitution creates a system of government heavily modeled on the Federal Government
of the United States
.
on April 12, 1980, the 1847 Constitution was suspended and governing power was assumed by the People's Redemption Council
led by Doe. Doe refused to assume the presidency, instead ruling by decree as the Chairman of the PRC.
On April 12, 1981, Amos Sawyer
, a political science professor at the University of Liberia
, was appointed Chairman of the National Constitution Committee, a 25-member body tasked with drafting a new constitution. In December 1982, the Committee finished their draft constitution, and submitted it to the People's Redemption Council
in March 1983.
The PRC appointed a 59-member Constitutional Advisory Committee to review the draft . On October 19, 1983, the CAA finished its review, having removed or altered several provisions. Among the changes made to the draft included an increase of presidential terms from four to six years, removal of a entrenchment provision that would have prevented amendments altering presidential term lengths and term limits, removal of a prohibition on government participation by military personnel, and deletion of provisions establishing two autonomous agencies charged with approving judicial candidates and investigating corruption.
On July 3, 1984, the revised Constitution was submitted to a national referendum
, where it was approved by 78.3% of voters. Following the 1985 general election, the new Constitution came into effect on January 6, 1986 with the inauguration of Doe and the newly elected Legislature of Liberia
.
, an increase in the original $600 requirement in the 1847 Constitution. Furthermore, the President is immune from civil suits arising from actions taken during their tenure in office and arrest on criminal charges while in office, though the President may be prosecuted for criminal acts committed while in office upon vacating the presidency.
The Constitution also includes new provisions allowing for the presidential appointment of a new Vice President, with the consent of both houses of the Legislature, in the event of the vacancy of the office. Furthermore, the Constitution provides that in the event of the assumption of the presidency by the Vice President in the event of the President's death, resignation, incapacity or removal, the Vice President will be not considered to have served a term in office for the purpose of term limits.
. However, due to the unitary
nature of Liberia, the Legislature is not restricted in its power to make laws, so long as those laws do not violate any provision of the Constitution.
, the current constitution expands these rights to include a variety of economic and social rights. For instance, Article 6 provides for equal access to education, while Article 5 protects traditional Liberian culture. Article 8 establishes workers' rights by prohibiting inhumane or dangerous working conditions, and Article 18 prohibits employment discrimination
on the basis of gender, religion or ethnicity, as well as guaranteeing equal pay. Additionally, Article 14 explicitly invokes the separation of church and state
and the prohibition of a state religion
.
Article 17(b) of the Constitution retains the controversial nationality requirements
of Article V, Section 13 of the 1847 Constitution, which limits citizenship to "persons who are Negroes or of Negro descent."
Article 95(a) of the Constitution officially repeals the 1847 Constitution, while certifying that all laws enacted before the repeal remain in effect. Article 95(a), (b) and (c) also certifies the validity of all statutes, treaties, international agreements and financial obligations enacted by the People's Redemption Council. Additionally, Article 97 prohibits any court from questioning the validity of actions taken by the PRC or bringing charges against any PRC member for the overthrow of the Tolbert administration, the repeal of the 1847 Constitution, the establishment of the PRC, the imposition of criminal penalties or the confiscation of property by the PRC during their term in power or the establishment of the new constitution.
s may be proposed by either a two-thirds vote of both houses of the Legislature, or by a petition signed by at least 10,000 registered voters and approved by a two-thirds vote in the Legislature. A proposed amendment must be ratified by two-thirds of voters in a popular referendum
held no sooner than one year after its approval by the Legislature.
Article 93 affirms that while the term limitations set forth in Article 50 may be amended, the term limitations of the President in office at the time of ratification of such an amendment remain in place.
In a referendum held on 23 August 2011, all four amendments failed to garner the required two-thirds majority for approval.
Additionally, Liberia was governed by two constitutions during the rule by the American Colonization Society
under the Commonwealth of Liberia:
Liberian Constitution of 1847
The Liberian Constitution of 1847 was the first constitution of Liberia. Largely modeled on the Constitution of the United States, it remained in effect from its adoption on 26 July 1847 until its suspension by the People's Redemption Council on 12 April 1980....
, which had been in force since the independence of Liberia. Much like the 1847 Constitution, the Constitution creates a system of government heavily modeled on the Federal Government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Drafting process
Following the overthrow and execution of President William Tolbert by small group of soldiers led by Samuel DoeSamuel Doe
Samuel Kanyon Doe was the 21st President of Liberia, serving from 1986 until his assassination in 1990. He had previously served as Chairman of the People's Redemption Council from 1980 to 1986. He was the first indigenous head of state in Liberian history.Doe was a part of a rural tribe in inland...
on April 12, 1980, the 1847 Constitution was suspended and governing power was assumed by the People's Redemption Council
People's Redemption Council
The People's Redemption Council was a military regime that governed Liberia during the early 1980s. It was established after the military coup of April 12, 1980, in which Samuel Doe, who served as chairman of the Council, seized power. Apart from Doe, the Council consisted of 17 soldiers...
led by Doe. Doe refused to assume the presidency, instead ruling by decree as the Chairman of the PRC.
On April 12, 1981, Amos Sawyer
Amos Sawyer
Dr. Amos Claudius Sawyer was the President of the Interim Government of National Unity in Liberia . Sawyer was born to Abel Sawyer and Sarah Sawyer in 1945, of Sarpo ethnicity; his siblings include Joe Sawyer; the Sawyers were a prominent family in Sinoe County...
, a political science professor at the University of Liberia
University of Liberia
The University of Liberia is a publicly funded institution of higher learning located in Monrovia, Liberia. Authorized by the national government in 1851, the school opened in 1863 as Liberia College and became a university in 1951. The school is one of the oldest institutions of higher learning...
, was appointed Chairman of the National Constitution Committee, a 25-member body tasked with drafting a new constitution. In December 1982, the Committee finished their draft constitution, and submitted it to the People's Redemption Council
People's Redemption Council
The People's Redemption Council was a military regime that governed Liberia during the early 1980s. It was established after the military coup of April 12, 1980, in which Samuel Doe, who served as chairman of the Council, seized power. Apart from Doe, the Council consisted of 17 soldiers...
in March 1983.
The PRC appointed a 59-member Constitutional Advisory Committee to review the draft . On October 19, 1983, the CAA finished its review, having removed or altered several provisions. Among the changes made to the draft included an increase of presidential terms from four to six years, removal of a entrenchment provision that would have prevented amendments altering presidential term lengths and term limits, removal of a prohibition on government participation by military personnel, and deletion of provisions establishing two autonomous agencies charged with approving judicial candidates and investigating corruption.
On July 3, 1984, the revised Constitution was submitted to a national referendum
Liberian constitutional referendum, 1984
A referendum on a new constitution was held in Liberia on 3 July 1984. It was approved by 98.6% of voters, with a turnout of 82.2%. The new constitution came into force on 6 January 1986, following the 1985 general elections.-Results:...
, where it was approved by 78.3% of voters. Following the 1985 general election, the new Constitution came into effect on January 6, 1986 with the inauguration of Doe and the newly elected Legislature of Liberia
Legislature of Liberia
The Legislature of Liberia is bicameral, consisting of a Senate and House of Representatives , in the same manner as the Congress of the United States....
.
Presidency
The executive power of the state is vested in the President of Liberia, who is entrusted to faithfully execute the laws of the country. Among the changes made to the presidency from the previous constitution include the introduction of term limits, prohibiting the President from serving more than two terms, and the reduction of presidential terms from eight years to six. Additionally, the Constitution also requires that candidates for the presidency must own at least $25,000 in real propertyReal property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
, an increase in the original $600 requirement in the 1847 Constitution. Furthermore, the President is immune from civil suits arising from actions taken during their tenure in office and arrest on criminal charges while in office, though the President may be prosecuted for criminal acts committed while in office upon vacating the presidency.
The Constitution also includes new provisions allowing for the presidential appointment of a new Vice President, with the consent of both houses of the Legislature, in the event of the vacancy of the office. Furthermore, the Constitution provides that in the event of the assumption of the presidency by the Vice President in the event of the President's death, resignation, incapacity or removal, the Vice President will be not considered to have served a term in office for the purpose of term limits.
Legislature
The Constitution grants legislative power to the Legislature of Liberia. Few changes were made to the Legislature from the 1847 Constitution, which largely modeled the Liberian Congress on the United States CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. However, due to the unitary
Unitary state
A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions exercise only powers that their central government chooses to delegate...
nature of Liberia, the Legislature is not restricted in its power to make laws, so long as those laws do not violate any provision of the Constitution.
Judiciary
The Constitution largely follows the model set by Article IV of the 1847 Constitution, vesting judicial powers in the Supreme Court of Liberia and any subordinate courts created by the Legislature. However, the Constitution places previously absent requirements on judicial appointees, requiring Supreme Court justices to have been counselors of the Supreme Court Bar for at least five years and requiring all other judges to have been either practicing attorneys for three years or a member of the Supreme Court Bar.Autonomous agencies
Article 89 of the Constitution mandates the establishment of three independent agencies:- Civil Service Commission
- National Election Commission
- General Auditing Commission
Additional provisions
While the 1847 Constitution had provided for political rights similar to those expressed in the United States Bill of RightsUnited States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
, the current constitution expands these rights to include a variety of economic and social rights. For instance, Article 6 provides for equal access to education, while Article 5 protects traditional Liberian culture. Article 8 establishes workers' rights by prohibiting inhumane or dangerous working conditions, and Article 18 prohibits employment discrimination
Employment discrimination
Employment discrimination is discrimination in hiring, promotion, job assignment, termination, and compensation. It includes various types of harassment....
on the basis of gender, religion or ethnicity, as well as guaranteeing equal pay. Additionally, Article 14 explicitly invokes the separation of church and state
Separation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
and the prohibition of a state religion
State religion
A state religion is a religious body or creed officially endorsed by the state...
.
Article 17(b) of the Constitution retains the controversial nationality requirements
Liberian nationality law
The Republic of Liberia was founded by free African slaves from america who formed the American Colonization Society and returned to establish a republic on African soil. Nationality law is based on its first constitutions enacted in 1847 and revised in 1955 and 1984. Its citizenship laws have been...
of Article V, Section 13 of the 1847 Constitution, which limits citizenship to "persons who are Negroes or of Negro descent."
Article 95(a) of the Constitution officially repeals the 1847 Constitution, while certifying that all laws enacted before the repeal remain in effect. Article 95(a), (b) and (c) also certifies the validity of all statutes, treaties, international agreements and financial obligations enacted by the People's Redemption Council. Additionally, Article 97 prohibits any court from questioning the validity of actions taken by the PRC or bringing charges against any PRC member for the overthrow of the Tolbert administration, the repeal of the 1847 Constitution, the establishment of the PRC, the imposition of criminal penalties or the confiscation of property by the PRC during their term in power or the establishment of the new constitution.
Amendment process
Per Article 91, constitutional amendmentConstitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
s may be proposed by either a two-thirds vote of both houses of the Legislature, or by a petition signed by at least 10,000 registered voters and approved by a two-thirds vote in the Legislature. A proposed amendment must be ratified by two-thirds of voters in a popular referendum
Popular referendum
A popular referendum is a type of a referendum that provides a means by which a petition signed by a certain minimum number of registered voters can force a...
held no sooner than one year after its approval by the Legislature.
Article 93 affirms that while the term limitations set forth in Article 50 may be amended, the term limitations of the President in office at the time of ratification of such an amendment remain in place.
2011 amendment referendum
On 17 August 2010, the Legislature the passed four amendments to the Constitution. The four amendments proposed would have:- Decreased the residency requirement for presidential and vice presidential candidates in Article 52 from ten to five years;
- Increased the mandated retirement of judges from 70 to 75;
- Changed the date of national elections set in Article 83 from the second Tuesday in October to the second Tuesday in November;
- Allowed House and Senate elections to use first-past-the-postFirst-past-the-postFirst-past-the-post voting refers to an election won by the candidate with the most votes. The winning potato candidate does not necessarily receive an absolute majority of all votes cast.-Overview:...
voting, while retaining the two-round systemTwo-round systemThe two-round system is a voting system used to elect a single winner where the voter casts a single vote for their chosen candidate...
for presidential elections.
In a referendum held on 23 August 2011, all four amendments failed to garner the required two-thirds majority for approval.
Past constitutions
Before the adoption of the current constitution, Liberia was governed by its original constitution, ratified prior to its independence in 1847:- Liberian Constitution of 1847Liberian Constitution of 1847The Liberian Constitution of 1847 was the first constitution of Liberia. Largely modeled on the Constitution of the United States, it remained in effect from its adoption on 26 July 1847 until its suspension by the People's Redemption Council on 12 April 1980....
Additionally, Liberia was governed by two constitutions during the rule by the American Colonization Society
American Colonization Society
The American Colonization Society , founded in 1816, was the primary vehicle to support the "return" of free African Americans to what was considered greater freedom in Africa. It helped to found the colony of Liberia in 1821–22 as a place for freedmen...
under the Commonwealth of Liberia:
- Liberian Constitution of 1820
- Liberian Constitution of 1838