Liberia's Constitution of 1986

Transcription

1 PDF generted: 31 Ot 2013, 18:33 onstituteprojet.org Lieri's Constitution of 1986 We the People of the Repuli of Lieri: Aknowledging our devout grtitude to God for our existene s Free, Sovereign nd Independent Stte, nd relying on His Divine Guidne for our survivl s Ntion; Relizing from mny experienes during the ourse of our ntionl existene whih ulminted in the Revolution of April 12, 1980, when our Constitution of July 26, 1847 ws suspended, tht ll of our people, irrespetive of history, trdition, reed, or ethni kground re of one ommon ody politi; Exerising our nturl, inherent nd inlienle rights to estlish frmework of government for the purpose of promoting unity, lierty, pee, stility, equlity, justie nd humn rights under the rule of lw, with opportunities for politil, soil, morl, spiritul nd ulturl dvnement of our soiety, for ourselves nd for our posterity; nd Hving resolved to live in hrmony, to prtie frternl love, tolerne nd understnding s people nd eing fully mindful of our oligtion to promote Afrin unity nd interntionl pee nd oopertion, Do herey solemnly mke, estlish, prolim, nd pulish this Constitution for the governne of the Repuli of Lieri. This omplete onstitution hs een generted from exerpts of texts from the repository of the Comprtive Constitutions Projet, nd distriuted on onstituteprojet.org.

2 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Chpter I Struture of the Stte Artile 1 All power is inherent in the people. All free governments re instituted y their uthority nd for their enefit nd they hve the right to lter nd reform the sme when their sfety nd hppiness so require. In order to ensure demorti government whih responds to the wishes of the governed, the people shll hve the right t suh period, nd in suh mnner s provided for under this Constitution, to use their puli servnts to leve offie nd to fill vnies y regulr eletions nd ppointments. Artile 2 (1) This Constitution is the supreme nd fundmentl lw of Lieri nd its provisions shll hve inding fore nd effet on ll uthorities nd persons throughout the Repuli. (2) Any lws, treties, sttutes, derees, ustoms nd regultions found to e inonsistent with it shll, to the extent of the inonsisteny, e void nd of no legl effet. The Supreme Court, pursunt to its power of judiil review, is empowered to delre ny inonsistent lws unonstitutionl. Artile 3 Lieri is unitry sovereign stte divided into ounties for dministrtive purposes. The form of government is Repulin with three seprte oordinte rnhes: the legisltive, the Exeutive nd Judiiry. Consistent with the priniples of seprtion of powers nd heks nd lnes, no person holding offie in one of these rnhes shll hold offie in or exerise ny of the powers ssigned to either of the other two rnhes exept s otherwise provided in this Constitution; nd no person holding offie in one of the sid rnhes shll serve on ny utonomous puli geny. Lieri 1986 Pge 2

3 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Chpter II Generl Priniples of Ntionl Poliy Artile 4 The priniples ontined in this Chpter shll e fundmentl in the governne of the Repuli nd shll serve s guidelines in the formultion of legisltive, exeutive nd dministrtive diretives, poliy-mking nd their exeution. Artile 5 The Repuli shll: im t strengthening the ntionl integrtion nd unity of the people of Lieri, regrdless of ethni, regionl or other differenes, into one ody politi; nd the Legislture shll ent lws promoting ntionl unifition nd the enourgement of ll itizens to prtiipte in government; preserve, protet nd promote positive Lierin ulture, ensuring tht trditionl vlues whih re omptile with puli poliy nd ntionl progress re dopted nd developed s n integrl prt of the growing needs of the Lierin soiety; tke steps, y pproprite legisltion nd exeutive orders, to eliminte setionlism nd trilism, nd suh uses of power s the misuse of government resoures, nepotism nd ll other orrupt prties. Artile 6 The Repuli shll, euse of the vitl role ssigned to the individul itizen under this Constitution for the soil, eonomi nd politil well eing of Lieri, provide equl ess to edutionl opportunities nd filities for ll itizens to the extent of ville resoures. Emphsis shll e pled on the mss edution of the Lierin people nd the elimintion of illitery. Artile 7 The Repuli shll, onsistent with the priniples of individul freedom nd soil justie enshrined in this Constitution, mnge the ntionl eonomy nd the nturl resoures of Lieri in suh mnner s shll ensure the mximum fesile prtiiption of Lierin itizens under onditions of equlity s to dvne the generl welfre of the Lierin people nd the eonomi development of Lieri. Artile 8 The Repuli shll diret its poliy towrds ensuring for ll itizens, without disrimintion, opportunities for employment nd livelihood under just nd humne onditions, nd towrds promoting sfety, helth nd welfre filities in employment. Artile 9 The Repuli shll enourge the promotion of ilterl nd regionl oopertion etween nd mong Lierin nd other ntions nd the formtion nd mintenne of regionl orgniztions imed t the ulturl, soil, politil nd eonomi development of the peoples of Afri nd other ntions of the world. Artile 10 The Repuli shll ensure the pulition nd dissemintion of this Constitution throughout the Repuli nd the tehing of its priniples nd provisions in ll institutions of lerning in Lieri. Lieri 1986 Pge 3

4 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 CHAPTER III FUNDAMENTAL RIGHTS Artile 11 All persons re orn eqully free nd independent nd hve ertin nturl, inherent nd inlienle rights, mong whih re the right of enjoying nd defending life nd lierty, of pursuing nd mintining nd seurity of the person nd of quiring, possessing nd proteting property, sujet to suh qulifitions s provided for in this Constitution. All persons, irrespetive of ethni kground, re, sex, reed, ple of origin or politil opinion, re entitled to the fundmentl rights nd freedoms of the individul, sujet to suh qulifitions s provided for in this Constitution. All persons re equl efore the lw nd re therefore entitled to the equl protetion of the lw. Artile 12 No person shll e held in slvery or fored lor within the Repuli, nor shll ny itizen of Lieri nor ny person resident therein del in slves or sujet ny other person to fored lor, det ondge or peonge; ut lor resonly required in onsequene of ourt sentene or order onforming to eptle lor stndrds, servie in the militry, work or servie whih forms prt of norml ivil oligtions or servie exted in ses of emergeny or lmity thretening the life or well-eing of the ommunity shll not e deemed fored lor. Artile 13 Every person lwfully within the Repuli shll hve the right to move freely throughout Lieri, to reside in ny prt thereof nd to leve therefrom sujet however to the sfegurding of puli seurity, puli order, puli helth or morls or the rights nd freedoms of others. Every Lierin Citizen shll hve the right to leve nd to enter Lieri t ny time. Lierin itizens nd non-lierin residents my e extrdited to foreign ountry for proseution of riminl offense in ordne with the provisions of n extrdition trety or other reiprol interntionl greements in fore. Non-Lierin residents my e expelled from the Repuli of Lieri for use. Lieri 1986 Pge 4

5 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Artile 14 All persons shll e entitled to freedom of thought, onsiene nd religion nd no person shll e hindered in the enjoyment thereof exept s my e required y lw to protet puli sfety, order, helth, or morls or the fundmentl rights nd freedoms of others. All persons who, in the prtie of their religion, ondut themselves peely, not ostruting others nd onforming to the stndrds set out herein, shll e entitled to the protetion of the lw. No religious denomintion or set shll hve ny exlusive privilege or preferene over ny other, ut ll shll e treted like; nd no religious tests shll e required for ny ivil or militry offie or for the exerise of ny ivil right. Consistent with the priniple of seprtion of religion nd stte, the Repuli shll estlish no stte religion. Artile 15 Every person shll hve the right to freedom of expression, eing fully responsile for the use thereof. This right shll not e urtiled, restrited or enjoined y government sve during n emergeny delred in ordne with this Constitution. The right enompsses the right to hold opinions without interferene nd the right to knowledge. It inludes freedom of speeh nd of the press, demi freedom to reeive nd imprt knowledge nd informtion nd the right of lirries to mke suh knowledge ville. It inludes non-interferene with the use of the mil, telephone nd telegrph. It likewise inludes the right to remin silent. In pursune of this right, there shll e no limittion on the puli right to e informed out the government nd its funtionries. d Aess to stte owned medi shll not e denied euse of ny disgreement with or dislike of the ides express. Denil of suh ess my e hllenged in ourt of ompetent jurisdition. e This freedom my e limited only y judiil tion in proeedings grounded in defmtion or invsion of the rights of privy nd puliity or in the ommeril spet of expression in deeption, flse dvertising nd opyright infringement. Artile 16 No person shll e sujeted to interferene with his privy of person, fmily, home or orrespondene exept y order of ourt of ompetent jurisdition. Artile 17 All persons, t ll times, in n orderly nd peele mnner, shll hve the right to ssemle nd onsult upon the ommon good, to instrut their representtives, to petition the Government or other funtionries for the redress of grievnes nd to ssoite fully with others or refuse to ssoite in politil prties, trde unions nd other orgniztions. Lieri 1986 Pge 5

6 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Artile 18 All Lierin itizens shll hve equl opportunity for work nd employment regrdless of sex, reed, religion, ethni kground, ple of origin or politil ffilition, nd ll shll e entitled to equl py for equl work. Artile 19 No person other thn memers of the Armed Fores of Lieri or of the militi in tive servie shll e sujet to militry lw, or mde to suffer ny pins or penlties y virtue of tht lw, or e tried y ourts-mrtil. Artile 20 No person shll e deprived of life, lierty, seurity of the person, property, privilege or ny other right exept s the outome of hering judgment onsistent with the provisions lid down in this Constitution nd in ordne with due proess of lw. Justie shll e done without sle, denil or dely; nd in ll ses not rising in ourts not of reord, under ourts-mrtil nd upon impehment, the prties shll hve the right to tril y jury. The right of n ppel from judgment, deree, deision or ruling of ny ourt or dministrtive ord or geny, exept the Supreme Court, shll e held inviolle. The legislture shll presrie rules nd proedures for the esy, expeditious nd inexpensive filing nd hering of n ppel. Artile 21 No person shll e mde sujet to ny lw or punishment whih ws not in effet t the time of ommission of n offense, nor shll the Legislture ent ny ill of ttinder or ex post fto lw. No person shll e sujet to serh or seizure of his person or property, whether on riminl hrge or for ny other purpose, unless upon wrrnt lwfully issued upon prole use supported y solemn oth or ffirmtion, speifilly identifying the person or ple to e serhed nd stting the ojet of the serh; provided, however, tht serh or seizure shll e permissile without serh wrrnt where the rresting uthorities t during the ommission of rime or in hot pursuit of person who hs ommitted rime. Every person suspeted or used of ommitting rime shll immeditely upon rrest e informed in detil of the hrges, of the right to remin silent nd of the ft tht ny sttement mde ould e used ginst him in ourt of lw. Suh person shll e entitled to ounsel t every stge of the investigtion nd shll hve the right not to e interrogted exept in the presene of ounsel. Any dmission or other sttements mde y the used in the sene of suh ounsel shll e deemed indmissile s evidene in ourt of lw. Lieri 1986 Pge 6

7 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 d (i) All used persons shll e ille upon their personl reognizne or y suffiient sureties, depending upon the grvity of the hrge, unless hrged for pitl offenses or grve offenses s defined y lw. (ii) Exessive il shll not e required, nor exessive fines imposed, nor exessive punishment inflited. e No person hrged, rrested, restrited, detined or otherwise held in onfinement shll e sujet to torture or inhumne tretment; nor shll ny person exept militry personnel, e kept or onfined in ny militry fility; nor shll ny person e seized nd kept mong onvited prisoners or treted s onvit, unless suh person first shll hve een onvited of rime in ourt of ompetent jurisdition. The Legislture shll mke it riminl offense nd provide for pproprite penlties ginst ny polie or seurity offier, proseutor, dministrtor or ny other puli or seurity offier, proseutor, dministrtor or ny other puli offiil ting in ontrvention of this provision; nd ny person so dmged y the ondut of ny suh puli offiil shll hve ivil remedy therefor, exlusive of ny riminl penlties imposed. f Every person rrested or detined shll e formlly hrged nd presented efore ourt of ompetent jurisdition within forty-eight hours. Should the ourt determine the existene of prim fie se ginst the used, it shll issue forml writ of rrest setting out the hrge or hrges nd shll provide for speedy tril. There shll e no preventive detention. g The right to the writ of hes orpus, eing essentil to the protetion of humn rights, shll e gurnteed t ll times, nd ny person rrested or detined nd not presented to ourt within the period speified my in onsequene exerise this right. h No person shll e held to nswer for pitl or infmous rime exept in ses of impehment, ses rising in the Armed Fores nd petty offenses, unless upon inditment y Grnd Jury; nd in ll suh ses, the used shll hve the right to speedy, puli nd imprtil tril y jury of the viinity, unless suh person shll, with pproprite understnding, expressly wive the right to jury tril. In ll riminl ses, the used shll hve the right to e represented y ounsel of his hoie, to onfront witnesses ginst him nd to hve ompulsory proess for otining witnesses in his fvor. He shll not e ompelled to furnish evidene ginst himself nd he shll e presumed innoent until the ontrry is proved eyond resonle dout. No person shll e sujet to doule jeoprdy. i The right to ounsel nd the rights of ounsel shll e inviolle. There shll e no interferene with the lwyer-lient reltionship. In ll trils, herings, interrogtories nd other proeedings where person is used of riminl offense, the used shll hve the right to ounsel of his hoie; nd where the used is unle to seure suh representtion, the Repuli shll mke ville legl id servies to ensure the protetion of his rights. There shll e solute immunity from ny government sntions or interferene in the performne of legl servies s ounselor or dvote; lwyers' offies nd homes shll not e serhed or ppers exmined or tken sve pursunt to serh wrrnt nd ourt order; nd no lwyer shll e prevented from or punished for providing legl servies, regrdless of the hrges ginst or the guilt of his lient, no lwyer shll e rred from prtie for politil resons. Lieri 1986 Pge 7

8 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 k Any person who, upon onvition of riminl offense, ws deprived of the enjoyment of his ivil rights nd lierties, shll hve the sme utomtilly restored upon serving the sentene nd stisfying ny other penlty imposed, or upon n exeutive prdon. Artile 22 Every person shll hve the right to own property lone s well s in ssoition with others; provided tht only Lierin itizens shll hve the right to own rel property within the Repuli. Privte property rights, however, shll not extend to ny minerl resoures on or eneth ny lnd or to ny lnds under the ses nd wterwys of the Repuli. All minerl resoures in nd under the ses nd other wterwys shll elong to the Repuli nd e used y nd for the entire Repuli. Non-itizen missionry, edutionl nd other enevolent institutions shll hve the right to own property, s long s tht property is used for the purposes for whih quired; property no longer so used shll eshet to the Repuli. d The Repuli my, on the sis of reiproity, onvey to foreign government property to e used perpetully for its diplomti tivities. This lnd shll not e trnsferred or otherwise onveyed to ny other prty or used for ny other purpose, exept upon the expressed permission of the Government of Lieri. All property so onveyed my eshet to the Repuli in the event of esstion of diplomti reltions. Artile 23 The property whih person possesses t the time of mrrige or whih my fterwrds e quired s result of one's own lors shll not e held for or otherwise pplied to the liquidtion of the dets or other oligtions of the spouse, whether ontrted efore or fter mrrige; nor shll the property whih y lw is to e seured to mn or womn e liented or e ontrolled y tht person's spouse sve y free nd voluntry onsent. The Legislture shll ent lws to govern the devolution of esttes nd estlish rights of inheritne nd desent for spouses of oth sttutory nd ustomry mrriges so s to give dequte protetion to surviving spouses nd hildren of suh mrriges. Lieri 1986 Pge 8

9 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Artile 24 While the inviolility of privte property shll e gurnteed y the Repuli, exproprition my e uthorized for the seurity of the ntion in the event of rmed onflit or where the puli helth nd sfety re endngered or for ny other puli purposes, provided: (i) tht resons for suh exproprition re given; (ii) tht there is prompt pyment of just ompenstion; (iii) tht suh exproprition or the ompenstion offered my e hllenged freely y the owner of the property in ourt of lw with no penlty for hving rought suh tion; nd (iv) tht when property tken for puli use eses to e so used, the Repuli shll ord the former owner or those entitled to the property through suh owner, the right of first refusl to require the property. All rel property held y person whose ertifite of nturliztion hs een nelled shll eshet to the Repuli unless suh person shll hve spouse nd/or linel heirs who re Lierin itizens, in whih se the rel property shll e trnsferred to them in ordne with the intesty lw. The power of the Legislture to provide punishment for treson or other rimes shll not inlude deprivtion or forfeiture of the right of inheritne, lthough its enjoyment y the onvited person shll e postponed during term of imprisonment judiilly imposed; provided tht if the onvited person hs minor hildren nd spouse, the spouse or next of kin in the order of priority shll dminister the sme. No punishment shll prelude the inheritne, enjoyment or forfeiture y others entitled thereto of ny property whih the onvited person t the time of onvition or susequent thereto my hve possessed. Artile 25 Oligtion of ontrt shll e gurnteed y the Repuli nd no lws shll e pssed whih might impir this right. Artile 26 Where ny person or ny ssoition lleges tht ny of the rights grnted under this Constitution or ny legisltion or diretives re onstitutionlly ontrvened, tht person or ssoition my invoke the privilege nd enefit of ourt diretion, order or writ, inluding judgment of unonstitutionlity; nd nyone injured y n t of the Government or ny person ting under its uthority, whether in property, ontrt, tort or otherwise, shll hve the right to ring suit for pproprite redress. All suh suits rought ginst the Government shll originte in Clims Court; ppels from judgment of the Clims Court shll lie diretly to the Supreme Court. Lieri 1986 Pge 9

10 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Chpter IV Citizenship Artile 27 All persons who, on the oming into fore of this Constitution were lwfully itizens of Lieri shll ontinue to e Lierin itizens. In order to preserve, foster nd mintin the positive Lierin ulture, vlues nd hrter, only persons who re Negroes or of Negro desent shll qulify y irth or y nturliztion to e itizens of Lieri. The Legislture shll, dhering to the ove stndrd, presrie suh other qulifition riteri for the proedures y whih nturliztion my e otined. Artile 28 Any person, t lest one of whose prents ws itizen of Lieri t the time of the Person's irth, shll e itizen of Lieri; provided tht ny suh person shll upon rehing mturity renoune ny other itizenship quired y virtue of one prent eing itizen of nother ountry. No itizen of the Repuli shll e deprived of itizenship or ntionlity exept s provided y lw; nd no person shll e denied the right to hnge itizenship or ntionlity. Lieri 1986 Pge 10

11 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Chpter V The Legislture Artile 29 The legisltive power of the Repuli shll e vested in the Legislture of Lieri whih shll onsist of two seprte houses: A Sente nd House of Representtives, oth of whih must pss on ll legisltion. The enting style shll e: "It is ented y the Sente nd House of Representtives of the Repuli of Lieri in Legislture ssemled." Artile 30 Citizens of Lieri who meet the following qulifitions re eligile to eome memers of the Legislture. for the Sente, hve ttined the ge of 30 yers nd for the House of Representtives, hve ttined the ge of 25 yers; e domiiled in the ountry or onstitueny to e represented not less thn one yer prior to the time of the eletion nd e txpyer. Artile 31 Eh memer of the Legislture, efore tking his set nd entering upon the duties of offie, shll tke nd susrie to solemn oth of ffirmtion, efore the presiding offier of the House to whih suh person ws eleted nd in the presene of other memers of tht House, to uphold nd defend the Constitution nd lws of the Repuli nd to dishrge fithfully the duties of suh offie. Artile 32 The Legislture shll ssemle in regulr session one yer on the seond working Mondy in Jnury. The President shll, on his own inititive or upon reeipt of ertifite signed y t lest one-fourth of the totl memership of eh House, nd y prolmtion, extend regulr session of the Legislture eyond the dte for djournment or ll speil extrordinry session of tht ody to disuss or t upon mtters of ntionl emergeny nd onern. When the extension or ll is t the request of the Legislture, the prolmtion shll e issued not lter thn forty-eight hours fter reeipt of the ertifite y the President. Artile 33 Simple mjority of eh House shll onstitute quorum for the trnstion of usiness, ut lower numer my djourn from dy to dy nd ompel the ttendne of sent memers. Whenever the House of Representtives nd the Sente shll meet in joint session, the presiding offier of the House of Representtives shll preside. Lieri 1986 Pge 11

12 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Artile 34 The Legislture shll hve the power: d to rete new ounties nd other politil su-division, nd redjust existing ounty oundries; to provide for the seurity of the Repuli; to provide for the ommon defense, to delre wr nd uthorize the Exeutive to onlude pee; to rise nd support the Armed Fores of the Repuli, nd to mke ppropritions therefor provided tht no pproprition of money for tht use shll e for longer term thn on yer; nd to mke rules for the governne of the Armed Fores of the Repuli; to levy txes, duties, imports, exerise nd other revenues, to orrow money, issue urreny, mint oins, nd to mke ppropritions for the fisl governne of the Repuli, sujet to the following qulifitions: (i) ll revenue ills, whether susidies, hrges, imports, duties or txes, nd other finnil ills, shll originte in the House of Representtives, ut the Sente my propose or onur with mendments s on other ills. No other finnil hrge shll e estlished, fixed, lid or levied on ny individul, ommunity or lolity under ny pretext whtsoever exept y the expressed onsent of the individul, ommunity or lolity. In ll suh ses, true nd orret ount of funds olleted shll e mde to the ommunity or lolity; (ii) no monies shll e drwn from the tresure exept in onsequene of ppropritions mde y legisltive entment nd upon wrrnt of the President; nd no oin shll e minted or ntionl urreny issued exept y the expressed uthority of the Legislture. An nnul sttement nd ount of the expenditure of ll puli monies shll e sumitted y the offie of the President to the Legislture nd pulished one yer; (iii) no lons shll e rised y the Government on ehlf of the Repuli or gurntees given for ny puli institutions or uthority otherwise thn y or under the uthority of legisltive entment; e f g h i k l to onstitute ourts inferior to the Supreme Court, inluding iruit ourts, lims ourts nd suh ourts with presried jurisditionl powers s my e deemed neessry for the proper dministrtion of justie throughout the Repuli; to pprove treties, onventions nd suh other interntionl greements negotited or signed on ehlf of the Repuli; to regulte trde nd ommene etween Lieri nd other ntions; to estlish lws for itizenship, nturliztion nd residene; to ent the eletion lws; to estlish vrious tegories of riminl offenses nd provide for the punishment thereof; to ent lws providing pension sheme for vrious tegories of government offiils nd employees in ordne with ge nd tenure of servie; nd m to mke other lws whih shll e neessry nd proper for rrying into exeution the foregoing powers, nd ll other powers vested y this Constitution in the Government of the Repuli, or in ny deprtment or offier thereof. Lieri 1986 Pge 12

13 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Artile 35 (1) Eh ill or resolution whih shll hve pssed oth Houses of the Legislture shll, efore it eomes lw, e lid efore the President for his pprovl. If he grnts pprovl, it shll eome lw. If the President does not pprove suh ill or resolution, he shll return it, with his ojetions, to the House in whih it originted. In so doing, the President my dispprove of the entire ill or resolution or ny item or items thereof. This veto my e overridden y the re-pssge of suh ill, resolution or item thereof y veto of two-thirds of the memers in eh House, in whih se it shll eome lw. If the President does not return the ill or resolution within twenty dys fter the sme shll hve een lid efore him it shll eome lw in like mnner s if he hd signed it, unless the Legislture y djournment prevents its return. (2) No ill or resolution shll emre more thn one sujet whih shll e expressed in its title. Artile 36 The Sentors nd Representtives shll reeive from the Repuli remunertion for their servies to e fixed y lw, provided tht ny inrese shll eome effetive t the eginning of the next fisl yer. Artile 37 In the event of vny in the Legislture used y deth, resigntion, expulsion or otherwise, the presiding offier shll within 30 dys notify the Eletions Commission thereof. The Eletions Commission shll not lter thn 90 dys therefter use y eletion to e held; provided tht where suh vny ours within 90 dys prior to the holding of generl eletions, the filling of the vny shll wit the holding of suh generl eletions. Artile 38 Eh House shll dopt its own rules of proedure, enfore order nd with the onurrene of two-thirds of the entire memership, my expel memer for use. Eh House shll estlish its own ommittees nd su-ommittees; provided, however, tht the ommittees on revenues nd ppropritions shll onsist of one memer from eh County. All rules dopted y the Legislture shll onform to the requirements of due proess of lw lid down in this Constitution. Artile 39 The Legislture shll use ensus of the Repuli to e undertken every ten yers. Artile 40 Neither House shll djourn for more thn five dys without the onsent of the other nd oth Houses shll lwys sit in the sme ity. Artile 41 The usiness of the Legislture shll e onluded in the English lnguge or, when dequte preprtions shll hve een mde, in one more of the lnguges of the Repuli s the Legislture my y resolution pprove. Lieri 1986 Pge 13

14 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Artile 42 No memer of the Sente or House of Representtives shll e rrested, detined, proseuted or tried s result of opinions expressed or votes st in the exerise of the funtions of his offie. Memers shll e privileged from rrest while ttending, going to or returning from sessions of the Legislture, exept for treson, felony or reh of the pee. All offiil ts done or performed nd ll sttement mde in the Chmers of the Legislture shll e privileged, nd no Legisltor shll e held ountle or punished therefor. Artile 43 The power to prepre ill of impehment is vested solely in the House of Representtives, nd the power to try ll impehments is vested solely in the Sente. When the President, Vie President or n Assoite Justie is to e tried, the Chief Justie shll preside; when the Chief Justie or judge of suordinte ourt of reord is to e tried, the President of the Sente shll preside. No person shll e impehed ut y the onurrene of two-thirds of the totl memership of the Sente. Judgements in suh ses shll not extend eyond removl from offie nd disqulifition to hold puli offie in the Repuli; ut the prty my e tried t lw for the sme offense. The Legislture shll presrie the proedure for impehment proeedings whih shll e in onformity with the requirements of due proess of lw. Artile 44 Contempt of the Legislture shll onsist of tions whih ostrut the legisltive funtions or whih ostrut or impede memers or offiers of the Legislture in the dishrge of their legisltive duties nd my e punished y the House onerned y resonle sntions fter hering onsistent with due proess of lw. No sntions shll extend eyond the session of the Legislture wherein it is imposed, nd ny sntion imposed shll onform to the provisions on Fundmentl Rights lid down in the Constitution. Disputes etween legisltors nd non-memers whih re properly ognizle in the ourts shll not e entertined or herd in the Legislture. Artile 45 The Sente shll omposed of Sentors eleted for term of nine yers y the registered voters in eh of the ounties, ut Sentor eleted in y-eletion to fill vny reted y deth, resigntion, expulsion or otherwise, shll e so eleted to serve only the reminder of the unexpired term of offie. Eh ounty shll elet two Sentors nd eh Sentor shll hve one vote in the Sente. Sentors shll e eligile for re-eletion. Artile 46 Immeditely fter the Sente shll hve ssemled following the eletions prior to the oming into fore of this Constitution, the Sentors shll e divided into two tegories s result of the votes st in eh ounty. The Sentor with the higher votes st shll e the Sentor from ounty shll e pled in the sme tegory. The sets of Sentors of the first tegory shll e vted t the expirtion of the ninth yer. In the interest of legisltive ontinuity, the Sentors of the seond tegory shll serve first term of six yers only, fter the first eletions. Therefter, ll Sentors shll e eleted to serve term of nine yers. Artile 47 The Sente shll elet one every six yers President Pro Tempore who shll preside in the sene of the President of the Sente, nd suh shll offiers s shll ensure the proper funtioning of the Sente. The President Pro Tempore nd other offiers so eleted my e removed from offie for use y resolution of two-theirs mjority of the memers of the Sente. Lieri 1986 Pge 14

15 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Artile 48 The House of Representtives shll e omposed of memers eleted for term of six yers y the registered voters in eh of the legisltive onstituenies of the ounties, ut memer of the House of Representtives eleted in y-eletion to fill vny reted y deth, resigntion or otherwise, shll e eleted to serve only the reminder of the unexpired term of the offie. Memers of the House of Representtives shll e eligile for re-eletion. Artile 49 The House of Representtive shll elet one every six yers Speker who shll e the presiding offier of tht ody, Deputy Speker, nd suh other offiers s shll ensure the proper funtioning of the House. The speker, the Deputy Speker nd other offiers so eleted my e removed from offie for use y resolution of two-thirds mjority of the memers of the House. Lieri 1986 Pge 15

16 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Chpter IV The Exeutive Artile 50 The Exeutive Power of the Repuli shll e vested in the President who shll e Hed of Stte, Hed of Government nd Commnder-in-Chief of the Armed Fores of Lieri. The president shll e eleted y universl dult suffrge of registered voters in the Repuli nd shll hold offie for term of six yers ommening t noon on the third working Mondy in Jnury of the yer immeditely following the eletions. No person shll serve s President for more thn two terms. Artile 51 There shll e Vie-President who shll ssist the President in the dishrge of his funtions. The Vie-President shll e eleted on the sme politil tiket nd shll serve the sme term s the President. The Vie-President shll e President of the Sente nd preside over its deliertions without the right to vote, exept in the se of tie vote. He shll ttend meetings of the inet nd other governmentl meetings nd shll perform suh funtions s the President shll delegte or deem pproprite; provided tht no powers speifilly vested in the President y the provisions of this Constitution shll e delegted to the Vie-President. Artile 52 No person shll e eligile to hold the offie of President or Vie-President, unless tht person is: nturl orn Lierin itizen of not less thn 35 yers of ge; the owner of unenumered rel property vlued t not less thn twenty-five thousnd dollrs; nd resident in the Repuli ten yers prior to his eletion, provided tht the President nd the Vie-President shll not ome from the sme County. Artile 53 The President nd the Vie-President shll, efore entering on the exeution of the duties of their respetive offies, tke solemn oth or ffirmtion to preserve, protet nd defend the Constitution nd lws of the Repuli nd fithfully exeute the duties of the offie. The oth or ffirmtion shll e dministered in joint onvention of oth Houses of the Legislture y the Chief Justie or, in his sene, the most senior Assoite Justie. In n emergeny where the Chief Justie nd the Assoite Justie re not ville, suh oth or ffirmtion shll e dministered y judge of suordinte ourt of reord. Lieri 1986 Pge 16

17 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Artile 54 The President shll nominte nd, with the onsent of the Sente, ppoint nd ommission-- d e f inet ministers, deputy nd ssistnt inet ministers; mssdors, ministers, onsuls; nd the Chief Justie nd Assoite Justie of the Supreme Court nd judges of suordinte ourts; superintendents, other ounty offiils nd offiils of other politil su-divisions; memers of the militry from the rnk of lieutennt of its equivlent nd ove; nd mrshls, deputy mrshls, nd sheriffs. Artile 55 The President shll ppoint nd ommission Notries Puli nd Justies of the Pee who shll hold offie for term of two yers ut my e removed y the President for use. They shll e eligile for ppointment. Artile 56 All inet ministers, deputy nd ssistnt inet ministers, mssdors, ministers nd onsuls, superintendents of ounties nd other government offiils, oth militry nd ivilin, ppointed y the President pursunt to this Constitution shll hold their offies t the plesure of the President. There shll e eletions of Prmount, Cln nd Town Chiefs y the registered voters in their respetive lolities, to serve for term of six yers. They my e re-eleted nd my e removed only y the President for proved misondut. The Legislture shll ent lws to provide for their qulifitions s my e required. Artile 57 The President shll hve the power to ondut the foreign ffirs of the Repuli nd in tht onnetion he is empowered to onlude treties, onventions nd similr interntionl greements with the onurrene of mjority of eh House of the Legislture. Artile 58 The President shll, on the fourth working Mondy in Jnury of eh yer, present the dministrtion's legisltive progrm for the ensuing session, nd shll one yer report to the Legislture on the stte of the Repuli. In presenting the eonomi ondition of the Repuli the report shll over expenditure s well s inome. Artile 59 The President my remit ny puli forfeitures nd penlties suspend nd fines nd sentenes, grnt reprieves nd prdons, nd restore ivil rights fter onvition for ll puli offenses, exept impehment. Artile 60 The President nd the Vie-President shll reeive slries whih shll e determined y the Legislture nd e pid y the Repuli. Suh slries shll e sujet to txes s defined y lw nd shll neither e inresed nor diminished during the period for whih the President nd the Vie-President shll hve eleted. Lieri 1986 Pge 17

18 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Artile 61 The President shll e immune from ny suits, tions or proeedings, judiil or otherwise, nd from rrest, detention or other tions on ount of ny t done y him while President of Lieri pursunt to ny provision of this Constitution or ny other lws of the Repuli. The President shll not, however, e immune from proseution upon removl from offie for the ommission of ny riminl t done while President. Artile 62 The President nd the Vie-President my e removed from offie y impehment for treson, riery nd other felonies, violtion of the Constitution or gross misondut. Artile 63 Whenever person eleted to the offie of President dies or is otherwise inpitted efore eing inugurted into offie, the Vie--President eleted shll sueed to the offie of President, nd this ession shll ommene term. Whenever the offie of the President shll eome vnt y reson of deth, resigntion, impehment, or the President shll e delred inple of rrying out the duties nd funtions of his offie, the Vie-President shll sueed to the of the President to omplete the unexpired term. In suh se, this not onstitute term. The Legislture shll, no lter thn one yer fter the oming into fore of this Constitution, presrie the guidelines nd determine the proedure under whih the President, y reson of illness, shll e delred inple of rrying out the funtions of his offie. d Whenever the offie of the Vie-President eomes vnt y reson of deth, resigntion, impehment, inility or otherwise, the President shll, without dely, nominte ndidte who, with the onurrene of oth Houses of the Legislture, shll e sworn in nd hold offie s Vie-President until the next generl eletions re held. Whenever the Vie-President elet dies, resigns, or is inpitted efore eing inugurted, the President eleted on the sme tiket with him, shll, fter eing inugurted into offie, nominte without dely ndidte who, with the onurrene of oth Houses of the Legislture, shll e sworn in n hold offie s Vie-President until the next generl eletions re held. Artile 64 Whenever the offie of the President nd of the Vie-President shll eome vnt y reson of removl, deth, resigntion, inility or other disility of the President nd Vie-President, the Speker of the House of Representtives shll e sworn in s Ating President until the holding of eletions to fill the vnies so reted. Should the Speker e leglly inple or otherwise unle to ssume the offie of Ating President, then the sme shll devolve in order upon the Deputy speker nd memers of the Cinet in the order of preedene s estlished y lw. The Eletions Commission shll within ninety dys ondut eletions for new President nd new Vie-President. Lieri 1986 Pge 18

19 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Chpter VII The Judiiry Artile 65 The Judiil Power of the Repuli shll e vested in Supreme Court nd suh suordinte ourts s the legislture my from time to time estlish. The ourts shll pply oth sttutory nd ustomry lws in ordne with the stndrds ented y the Legislture. Judgements of the Supreme Court shll e finl nd inding nd shll not e sujet to ppel or review y ny other rnh of Government. Nothing in this Artile shll prohiit dministrtive onsidertion of the Justiile mtter prior to review y ourt of ompetent jurisdition. Artile 66 The Supreme Court shll e finl riter of onstitutionl issues nd shll exerise finl ppellte jurisdition in ll ses whether emnting from ourts of reord, ourts not of reord, dministrtive genies, utonomous genies or ny other uthority, oth s to lw nd ft exept ses involving mssdors, ministers, or ses in whih ountry is prty. In ll suh ses, the Supreme Court shll exerise originl jurisdition. The Legislture shll mke no lw nor rete ny exeptions s would deprive the Supreme Court of ny of the powers grnted herein. Artile 67 The Supreme Court shll omprise of one Chief Justie nd four Assoite Justie, mjority of whom shll e deemed ompetent to trnst the usiness of the Court. It quorum is not otined to enle the Court to her ny se, iruit judge in the order of seniority shll sit s n d ho justie of the Supreme Court. Artile 68 The Chief Justie nd Assoite Justie of the Supreme Court shll, with the onsent of the Sente, e ppointed nd ommissioned y the President; provided tht ny person so ppointed shll e: itizen of Lieri nd of good morl hrter; nd ounselor of the Supreme Court Br who hs prtied for t lest 5 yers. Artile 69 The judges of suordinte ourts of reord shll, with the onsent of the Sente, e ppointed nd ommissioned y the President, provided tht ny person so ppointed shll e: itizen of Lieri nd of good morl hrter; nd n Attorney-t-Lw whom hs prtied for t lest 3 yers, or ounselor of the Supreme Court Br. Artile 70 The Chief Justie nd the Assoite Justies of the Supreme Court nd ll judges of suordinte ourts shll, efore ssuming the funtions of their offie, susrie to solemn oth or ffirmtion to dishrge fithfully nd imprtilly the duties nd funtions of their offie nd to preserve, protet nd defend the Constitution nd lws of the Repuli. The oth or ffirmtion shll e dministered y the president or his designee. Lieri 1986 Pge 19

20 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Artile 71 The Chief Justie nd Assoites Justies of the Supreme Court nd the judges of suordinte ourts of reord shll hold offie during good ehvior. They my e removed upon impehment nd onvition y the Legislture sed on proved misondut, gross reh of duty, inility to perform the funtions of their offie, or onvition in ourt of lw for treson, riery or other infmous rimes. Artile 72 The Justies of the Supreme Court nd ll other judges shll reeive suh slries, llownes nd enefits s shll e estlished y lw. Suh slries shll e sujet to txes s defined y lw, provided tht they shll not otherwise e diminished. Allownes nd enefits pid to Justies of the Supreme Court nd judges of suordinte ourts my y lw e inresed ut my not e diminished exept under ntionl progrm ented y the Legislture; nor shll suh llowne nd enefits e sujet to txtion. The Chief Justie nd the Assoite Justies of the Supreme Court nd judges of suordinte ourts of reord shll e retired t the ge of seventy; provided, however, tht justie of judge who hs ttined tht ge my ontinue in offie for s long s my e neessry to enle him to render judgement or perform ny other judiil duty in regrd to proeedings entertined y him efore the ttined tht ge. Artile 73 No judiil offiil shll e summoned, rrested, detined, proseuted or tried ivilly or riminlly y or t the instne of ny person or uthority on ount of judiil opinions rendered or expressed, judiil sttements mde nd judiil ts done in the ourse of tril in open ourt or in hmers, exept for treson or other felonies, misdemenor or reh of the pee. Sttements mde nd ts done y suh offiils in the ourse of judiil proeeding shll e privileged, nd, sujet to the ove qulifition, no suh sttement mde or ts done shll e dmissile into evidene ginst them t ny tril or proeeding. Artile 74 In ll mtters of ontempt of ourt, whether in the Supreme Court or in other ourts, the penlties to e imposed shll e fixed y the Legislture nd shll onform to the provision on Fundmentl Rights lid down in this Constitution. Artile 75 The Supreme Court shll from time to time mke rules of ourt for the purpose of regulting the prtie, proedures nd mnner y whih ses shll e ommened nd herd efore it nd ll other suordinte ourts. It shll presrie suh ode of ondut for lwyers ppering efore it nd ll other suordinte ourts s my e neessry to filitte the proper dishrge of the ourt's funtions. Suh rules nd ode, however, shll not ontrvene ny sttutory provisions or ny provisions of this Constitution. Lieri 1986 Pge 20

21 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Artile 76 Treson ginst the Repuli shll onsist of: (1) levying wr ginst the Repuli; (2) ligning oneself with or iding nd etting nother ntion or people with whom Lieri is t wr or in stte of wr; (3) ts of espionge for n enemy stte; (4) ttempting y overt t to overthrow the Government, reellion ginst the Repuli, insurretion nd mutiny; nd (5) rogting or ttempting to rogte, suverting or ttempting or onspiring to suvert the Constitution y use of fore or show of fore or ny other mens whih ttempts to undermine this Constitution. The Legislture shll hve the power to delre the punishment for treson; provided, however, tht suh punishment shll not inlude deprivtion or forfeiture of the right of inheritne y the onvited person of ny property lthough he my not e entitled to enjoyment thereof for s long s he ontinues to serve the term of imprisonment imposed fter onvition in ourt of ompetent jurisdition. The right to enjoyment of ny property inherited or otherwise onveyed to or quired y suh onvited person shll e utomtilly restored upon serving the term of imprisonment or other punishment, or upon n exeutive prdon y the President. No punishment shll prelude the inheritne nd enjoyment, or use the forfeiture y others entitled thereto, of ny property whih the onvited person t the time of ny onvition or susequent thereto my hve possessed or een seized. Lieri 1986 Pge 21

22 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 Chpter VIII Politil Prties nd Eletions Artile 77 Sine the essene of demory is free ompetition of ides expressed y politil prties nd politil groups s well s y individuls, prties my freely e estlished to dvote the politil opinions of the people. Lws, regultions, derees or mesures whih might hve the effet of reting one-prty stte shll e delred unonstitutionl. All eletions shll e y seret llot s my e determined y the Eletions Commission, nd every Lierin itizen not less thn 18 yers of ge, shll hve the right to e registered s voter nd to vote in puli eletions nd referend under this Constitution. The Legislture shll ent lws inditing the tegory of Lierins who shll not form or eome memers of politil prties. Artile 78 As used in this Chpter, unless the ontext otherwise requires, n "ssoition" mens ody of persons, orporte or other, whih ts together for ommon purpose, nd inludes group of people orgnized for ny ethni, soil, ulturl, ouptionl or religious ojetives; "politil prty" shll e n ssoition with memership of not less thn five hundred qulified voters in eh of t lest six ounties, whose tivities inlude nvssing for votes on ny puli issue or in support of ndidte for eletive puli offie; nd n "independent ndidte" shll e person seeking eletorl post or offie with or without his own orgniztion, ting independently of politil prty. Artile 79 No ssoition, y whtever nme lled, shll funtion s politil prty, nor shll ny itizen e n independent ndidte for eletion to puli offie, unless: the ssoition or independent ndidte nd his orgniztion meet the minimum registrtion requirements lid down y the Eletions Commission nd re registered with it. Registrtion requirements shll inlude filing with the Eletions Commission opy of the onstitution of the ssoition nd guidelines of the independent ndidte nd his orgniztion, detiled sttement of the nmes nd ddresses of the ssoition nd its offiers or of the independent ndidte nd the offiers of his orgniztion, nd fulfillment of the provision of su-setions (), (), (d) nd (e) hereof. Registrtion y the Eletions Commission of ny ssoition or independent ndidte nd his orgniztion shll vest in the entity or ndidte nd his orgniztion so registered legl personlity, with the pity to own property, rel, personl or mixed, to sue nd e sued nd to hold ounts. A denil of registrtion or filure y the Eletions Commission to register ny pplint my e hllenged y the pplint in the Supreme Court; the memership of the ssoition or the independent ndidte's orgniztion is open to every itizen of Lieri, irrespetive of sex, religion or ethni kground, exept s otherwise provided in this Constitution. the hedqurters of the ssoition or independent ndidte nd his orgniztion is situted: (i) in the pitl of the Repuli where n ssoition is involved or where n independent ndidte seeks eletion to the offie of President or Vie- President; (ii) in the hedqurters of the ounty where n independent ndidte seeks eletion s Sentor; nd (iii) in the eletorl enter in the onstitueny where the ndidte seeks eletion s memer of the House of Representtives or to ny other puli offie; Lieri 1986 Pge 22

23 onstituteprojet.org PDF generted: 31 Ot 2013, 18:33 d e the nme, ojetive, emlem or motto of the ssoition or of the independent ndidte nd his orgniztion is free from ny religious onnottions or divisive ethni implitions nd tht the tivities of the ssoition or independent ndidte re not limited to speil group or, in the se of n ssoition, limited to prtiulr geogrphi re of Lieri; the onstitution nd rules of the politil prty shll onform to the provisions of this Constitution, provide for the demorti eletions of offiers nd/or governing ody t lest one every six yers, nd ensure the eletion of offiers from s mny of the regions nd ethni groupings in the ountry s possile. All mendments to the Constitution or rules of politil prty shll e registered with the Eletions Commission no lter thn ten dys from the effetive dtes of suh mendments. Artile 80 Prties or orgniztions whih, y reson of their ims or the ehvior of their dherents, seek to impir or olish the free demorti soiety of Lieri or to endnger the existene of the Repuli shll e denied registrtion. Prties or orgniztion whih retin, orgnize, trin or equip ny person or group of persons for the use or disply of physil fore or oerion in promoting ny politil ojetive or interest, trined or equipped, shll e denied registrtion, or if registered, shll hve their registrtion revoked. Every Lierin itizen shll hve the right to e registered in onstitueny, nd to vote in puli eletions only in the onstitueny where registered, either in person or y sentee llot; provided tht suh itizen shll hve the right to hnge his voting onstitueny s my e presried y the Legislture. d Eh onstitueny shll hve n pproximtely equl popultion of 20,000, or suh numer of itizens s the legislture shll presrie in keeping with popultion growth nd movements s reveled y ntionl ensus; provided tht the totl numer of eletorl onstituenies in the Repuli shll not exeed one hundred. e Immeditely following ntionl ensus nd efore the next eletion, the Eletions Commission shll repportion the onstituenies in ordne with the new popultion figures so tht every onstitueny shll hve s lose to the sme popultion s possile; provided, however, tht onstitueny must e solely within ounty. Artile 81 (1) Any itizen, politil prty, orgniztion, or ssoition, eing resident in Lieri, of Lierin ntionlity or origin nd not otherwise disqulified under the provisions of this (2) Constitution nd lws of the lnd, shll hve the right to nvss for the votes for ny politil prty or ndidte t ny eletion, provided tht orporte nd usiness orgniztions nd lor unions re exluded from so nvssing diretly or indiretly in whtsoever form. Lieri 1986 Pge 23