Adoption, promulgation, and amendments

The Constitution was approved and adopted by a National Referendum on 3 July 1984. Chapter XII contains provisions for the amendment of the Constitution. Article 87 prohibits promulgation of constitutional amendments during a state of emergency.

Structure of the constitution

The Constitution consists of 97 articles divided in thirteen Parts: Structure of the State (I); General Principles of National Policy (II); Fundamental Rights (III); Citizenship (IV); The Legislature (V); The Executive (VI); The Judiciary (VII); Political Parties and Elections (VIII); Emergency Powers (IX); Autonomous Public Commissions (X); Miscellaneous (XI); Amendments (XII); Transitional Provisions (XIII).

Form of government and basic principles of the state

Liberia is a unitary sovereign state divided into counties for administrative purposes. The form of government is Republican with three separate coordinate branches: the legislative, the Executive and Judiciary (Art. 3). Article 1 declares all power to be inherent in the people. The Constitution is the supreme and fundamental law of Liberia, and its provisions shall have binding force and effect on all authorities and persons throughout the Republic (Art. 2). The principles contained in Chapter II shall be fundamental in the governance of the Republic and shall serve as guidelines in the formulation of legislative, executive, and administrative directives, policymaking, and their execution.

Basic institutions of the state and the rule of law

The legislative power of the Republic shall be vested in the Legislature of Liberia which shall consist of two separate houses: a Senate and a House of Representatives, both of which must pass on all legislation. The Executive Power of the Republic shall be vested in the President who shall be Head of State, Head of Government and Commander-in-Chief of the Armed Forces of Liberia. The President shall nominate and, with the consent of the Senate, appoint and commission cabinet ministers. The Judicial Power of the Republic shall be vested in a Supreme Court and such subordinate courts as the legislature may from time to time establish.

Supremacy of international law

The Legislature shall have the power to approve international agreements negotiated or signed on behalf of the Republic. Article 95 indirectly requires international agreements to be consistent with this Constitution to be valid in Liberia.

FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF THE STATE POLICY

General information

Chapter III provides for the protection of fundamental rights. Article 11 declares all persons to be born equally free and independent and to have certain natural, inherent and inalienable rights, among which are the right of enjoying and defending life and liberty, of pursuing and maintaining and security of the person and of acquiring, possessing and protecting property, subject to such qualifications as provided for in this Constitution.

Property rights

Every person shall have the right to own property alone as well as in association with others; provided that only Liberian citizens shall have the right to own real property within the Republic (art. 22). Non-citizen missionary, educational and other benevolent institutions shall have the right to own property, if that property is used for the purposes for which acquired; property no longer so used shall escheat to the Republic.