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CONSTITUTION
OF THE REPUBLIC OF LIBERIA (1986)
Introduction
The
Liberia 1986 Constitution replaced
the Liberia 1847 Constitution which
was suspended on April 12, 1980,
following the coup d'etat which
overthrew the presidency of H. E.
William R. Tolbert, Jr. The process
of writing a new constitution began
on April 12, 1981, when Dr. Amos
Sawyer, a political scientist at
the University of Liberia, was appointed
chairman of the National Constitution
Committee (NCC), the 25-member body
that was given the responsibility
of drafting a new constitution for
Liberia. The NCC completed its work
in December 1982, and submitted
the draft constitution to the The
People's Redemption Council (PRC)
in March 1983; subsequently, the
PRC published the draft Constitution
for public debate. The PRC also
appointed a 59-member Constitutional
Advisory Committee (CAA) to review
the draft constitution. The CAA
completed its work on October 19,
1983. On July 3, 1984, the new constitution
was submitted to a national referendum
and approved. On January 6, 1986
the Constitution came into force.
.
CONSTITUTION
OF THE REPUBLIC OF LIBERIA (1986)
PREAMBLE
We
the People of the Republic of Liberia:
Acknowledging
our devout gratitude to God for
our existence as a Free, Sovereign
and Independent State, and relying
on His Divine Guidance for our survival
as a Nation;
Realizing
from many experiences during the
course of our national existence
which culminated in the Revolution
of April 12, 1980, when our Constitution
of July 26, 1847 was suspended,
that all of our people, irrespective
of history, tradition, creed, or
ethnic background are of one common
body politic;
Exercising
our natural, inherent and inalienable
rights to establish a framework
of government for the purpose of
promoting unity, liberty, peace,
stability, equality, justice and
human rights under the rule of law,
with opportunities for political,
social, moral, spiritual and cultural
advancement of our society, for
ourselves and for our posterity;
and
Having
resolved to live in harmony, to
practice fraternal love, tolerance
and understanding as a people and
being fully mindful of our obligation
to promote African unity and international
peace and cooperation,
Do
hereby solemnly make, establish,
proclaim, and publish this Constitution
for the governance of the Republic
of Liberia.
CHAPTER
I
STRUCTURE
OF THE STATE
Article 1
All
power is inherent in the people.
All free governments are instituted
by their authority and for their
benefit and they have the right
to alter and reform the same when
their safety and happiness so require.
In order to ensure democratic government
which responds to the wishes of
the governed, the people shall have
the right at such period, and in
such manner as provided for under
this Constitution, to cause their
public servants to leave office
and to fill vacancies by regular
elections and appointments.
Article
2
This
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.
Any
laws, treaties, statutes, decrees,
customs and regulations found to
be inconsistent with it shall, to
the extent of the inconsistency,
be void and of no legal effect.
The Supreme Court, pursuant to its
power of judicial review, is empowered
to declare any inconsistent laws
unconstitutional.
Article
3
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. Consistent
with the principles of separation
of powers and checks and balances,
no person holding office in one
of these branches shall hold office
in or exercise any of the powers
assigned to either of the other
two branches except as otherwise
provided in this Constitution; and
no person holding office in one
of the said branches shall serve
on any autonomous public agency.
CHAPTER
II
GENERAL
PRINCIPLES OF NATIONAL POLICY
Article 4
The
principles contained in this Chapter
shall be fundamental in the governance
of the Republic and shall serve
as guidelines in the formulation
of legislative, executive and administrative
directives, policy-making and their
execution.
Article 5
The
Republic shall:
a)
aim at strengthening the national
integration and unity of the people
of Liberia, regardless of ethnic,
regional or other differences, into
one body politic; and the Legislature
shall enact laws promoting national
unification and the encouragement
of all citizens to participate in
government;
b)
preserve, protect and promote positive
Liberian culture, ensuring that
traditional values which are compatible
with public policy and national
progress are adopted and developed
as an integral part of the growing
needs of the Liberian society;
c)
take steps, by appropriate legislation
and executive orders, to eliminate
sectionalism and tribalism, and
such abuses of power as the misuse
of government resources, nepotism
and all other corrupt practices.
Article 6
The
Republic shall, because of the vital
role assigned to the individual
citizen under this Constitution
for the social, economic and political
well being of Liberia, provide equal
access to educational opportunities
and facilities for all citizens
to the extent of available resources.
Emphasis shall be placed on the
mass education of the Liberian people
and the elimination of illiteracy.
Article 7
The
Republic shall, consistent with
the principles of individual freedom
and social justice enshrined in
this Constitution, manage the national
economy and the natural resources
of Liberia in such manner as shall
ensure the maximum feasible participation
of Liberian citizens under conditions
of equality as to advance the general
welfare of the Liberian people and
the economic development of Liberia.
Article 8
The
Republic shall direct its policy
towards ensuring for all citizens,
without discrimination, opportunities
for employment and livelihood under
just and humane conditions, and
towards promoting safety, health
and welfare facilities in employment.
Article 9
The
Republic shall encourage the promotion
of bilateral and regional cooperation
between and among Liberian and other
nations and the formation and maintenance
of regional organizations aimed
at the cultural, social, political
and economic development of the
peoples of Africa and other nations
of the world.
Article 10
The
Republic shall ensure the publication
and dissemination of this Constitution
throughout the Republic and the
teaching of its principles and provisions
in all institutions of learning
in Liberia.
CHAPTER
III
FUNDAMENTAL
RIGHTS
Article 11
a)
All persons are born equally free
and independent and 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.
b)
All persons, irrespective of ethnic
background, race, sex, creed, place
of origin or political opinion,
are entitled to the fundamental
rights and freedoms of the individual,
subject to such qualifications as
provided for in this Constitution.
c)
All persons are equal before the
law and are therefore entitled to
the equal protection of the law.
Article 12
No
person shall be held in slavery
or forced labor within the Republic,
nor shall any citizen of Liberia
nor any person resident therein
deal in slaves or subject any other
person to forced labor, debt bondage
or peonage; but labor reasonably
required in consequence of a court
sentence or order conforming to
acceptable labor standards, service
in the military, work or service
which forms part of normal civil
obligations or service exacted in
cases of emergency or calamity threatening
the life or well-being of the community
shall not be deemed forced labor.
Article 13
a)
Every person lawfully within the
Republic shall have the right to
move freely throughout Liberia,
to reside in any part thereof and
to leave therefrom subject however
to the safeguarding of public security,
public order, public health or morals
or the rights and freedoms of others.
b)
Every Liberian Citizen shall have
the right to leave and to enter
Liberia at any time. Liberian citizens
and non-Liberian residents may be
extradited to foreign country for
prosecution of a criminal offense
in accordance with the provisions
of an extradition treaty or other
reciprocal international agreements
in force. Non-Liberian residents
may be expelled from the Republic
of Liberia for cause.
Article 14
All
persons shall be entitled to freedom
of thought, conscience and religion
and no person shall be hindered
in the enjoyment thereof except
as may be required by law to protect
public safety, order, health, or
morals or the fundamental rights
and freedoms of others. All persons
who, in the practice of their religion,
conduct themselves peaceably, not
obstructing others and conforming
to the standards set out herein,
shall be entitled to the protection
of the law. No religious denomination
or sect shall have any exclusive
privilege or preference over any
other, but all shall be treated
alike; and no religious tests shall
be required for any civil or military
office or for the exercise of any
civil right. Consistent with the
principle of separation of religion
and state, the Republic shall establish
no state religion.
Article 15
a)
Every person shall have the right
to freedom of expression, being
fully responsible for the abuse
thereof. This right shall not be
curtailed, restricted or enjoined
by government save during an emergency
declared in accordance with this
Constitution.
b)
The right encompasses the right
to hold opinions without interference
and the right to knowledge. It includes
freedom of speech and of the press,
academic freedom to receive and
impart knowledge and information
and the right of libraries to make
such knowledge available. It includes
non-interference with the use of
the mail, telephone and telegraph.
It likewise includes the right to
remain silent.
c)
In pursuance of this right, there
shall be no limitation on the public
right to be informed about the government
and its functionaries.
d)
Access to state owned media shall
not be denied because of any disagreement
with or dislike of the ideas express.
Denial of such access may be challenged
in a court of competent jurisdiction.
e)
This freedom may be limited only
by judicial action in proceedings
grounded in defamation or invasion
of the rights of privacy and publicity
or in the commercial aspect of expression
in deception, false advertising
and copyright infringement.
Article 16
No
person shall be subjected to interference
with his privacy of person, family,
home or correspondence except by
order of a court of competent jurisdiction.
Article 17
All
persons, at all times, in an orderly
and peaceable manner, shall have
the right to assemble and consult
upon the common good, to instruct
their representatives, to petition
the Government or other functionaries
for the redress of grievances and
to associate fully with others or
refuse to associate in political
parties, trade unions and other
organizations.
Article 18
All
Liberian citizens shall have equal
opportunity for work and employment
regardless of sex, creed, religion,
ethnic background, place of origin
or political affiliation, and all
shall be entitled to equal pay for
equal work.
Article 19
No
person other than members of the
Armed Forces of Liberia or of the
militia in active service shall
be subject to military law, or made
to suffer any pains or penalties
by virtue of that law, or be tried
by courts-martial.
Article 20
a)
No person shall be deprived of life,
liberty, security of the person,
property, privilege or any other
right except as the outcome of a
hearing judgment consistent with
the provisions laid down in this
Constitution and in accordance with
due process of law. Justice shall
be done without sale, denial or
delay; and in all cases not arising
in courts not of record, under courts-martial
and upon impeachment, the parties
shall have the right to trial by
jury.
b)
The right of an appeal from a judgment,
decree, decision or ruling of any
court or administrative board or
agency, except the Supreme Court,
shall be held inviolable. The legislature
shall prescribe rules and procedures
for the easy, expeditious and inexpensive
filing and hearing of an appeal.
Article
21
a)
No person shall be made subject
to any law or punishment which was
not in effect at the time of commission
of an offense, nor shall the Legislature
enact any bill of attainder or ex
post facto law.
b)
No person shall be subject to search
or seizure of his person or property,
whether on a criminal charge or
for any other purpose, unless upon
warrant lawfully issued upon probable
cause supported by a solemn oath
or affirmation, specifically identifying
the person or place to be searched
and stating the object of the search;
provided, however, that a search
or seizure shall be permissible
without a search warrant where the
arresting authorities act during
the commission of a crime or in
hot pursuit of a person who has
committed a crime.
c)
Every person suspected or accused
of committing a crime shall immediately
upon arrest be informed in detail
of the charges, of the right to
remain silent and of the fact that
any statement made could be used
against him in a court of law. Such
person shall be entitled to counsel
at every stage of the investigation
and shall have the right not to
be interrogated except in the presence
of counsel. Any admission or other
statements made by the accused in
the absence of such counsel shall
be deemed inadmissible as evidence
in a court of law.
d)
(i)
All accused persons shall be bailable
upon their personal recognizance
or by sufficient sureties, depending
upon the gravity of the charge,
unless charged for capital offenses
or grave offenses as defined by
law.
(ii)
Excessive bail shall not be required,
nor excessive fines imposed, nor
excessive punishment inflicted.
e)
No person charged, arrested, restricted,
detained or otherwise held in confinement
shall be subject to torture or inhumane
treatment; nor shall any person
except military personnel, be kept
or confined in any military facility;
nor shall any person be seized and
kept among convicted prisoners or
treated as a convict, unless such
person first shall have been convicted
of a crime in court of competent
jurisdiction. The Legislature shall
make it a criminal offense and provide
for appropriate penalties against
any police or security officer,
prosecutor, administrator or any
other public or security officer,
prosecutor, administrator or any
other public official acting in
contravention of this provision;
and any person so damaged by the
conduct of any such public official
shall have a civil remedy therefor,
exclusive of any criminal penalties
imposed.
f)
Every person arrested or detained
shall be formally charged and presented
before a court of competent jurisdiction
within forty-eight hours. Should
the court determine the existence
of a prima facie case against the
accused, it shall issue a formal
writ of arrest setting out the charge
or charges and shall provide for
a speedy trial. There shall be no
preventive detention.
g)
The right to the writ of habeas
corpus, being essential to the protection
of human rights, shall be guaranteed
at all times, and any person arrested
or detained and not presented to
court within the period specified
may in consequence exercise this
right.
h)
No person shall be held to answer
for a capital or infamous crime
except in cases of impeachment,
cases arising in the Armed Forces
and petty offenses, unless upon
indictment by Grand Jury; and in
all such cases, the accused shall
have the right to a speedy, public
and impartial trial by a jury of
the vicinity, unless such person
shall, with appropriate understanding,
expressly waive the right to a jury
trial. In all criminal cases, the
accused shall have the right to
be represented by counsel of his
choice, to confront witnesses against
him and to have compulsory process
for obtaining witnesses in his favor.
He shall not be compelled to furnish
evidence against himself and he
shall be presumed innocent until
the contrary is proved beyond a
reasonable doubt. No person shall
be subject to double jeopardy.
i)
The right to counsel and the rights
of counsel shall be inviolable.
There shall be no interference with
the lawyer-client relationship.
In all trials, hearings, interrogatories
and other proceedings where a person
is accused of a criminal offense,
the accused shall have the right
to counsel of his choice; and where
the accused is unable to secure
such representation, the Republic
shall make available legal aid services
to ensure the protection of his
rights.
There shall be absolute immunity
from any government sanctions or
interference in the performance
of legal services as a counselor
or advocate; lawyers’ offices and
homes shall not be searched or papers
examined or taken save pursuant
to a search warrant and court order;
and no lawyer shall be prevented
from or punished for providing legal
services, regardless of the charges
against or the guilt of his client,
no lawyer shall be barred from practice
for political reasons.
j)
Any person who, upon conviction
of a criminal offense, was deprived
of the enjoyment of his civil rights
and liberties, shall have the same
automatically restored upon serving
the sentence and satisfying any
other penalty imposed, or upon an
executive pardon.
Article 22
a)
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.
b)
Private property rights, however,
shall not extend to any mineral
resources on or beneath any land
or to any lands under the seas and
waterways of the Republic. All mineral
resources in and under the seas
and other waterways shall belong
to the Republic and be used by and
for the entire Republic.
c)
Non-citizen missionary, educational
and other benevolent institutions
shall have the right to own property,
as long as that property is used
for the purposes for which acquired;
property no longer so used shall
escheat to the Republic)
d)
The Republic may, on the basis of
reciprocity, convey to a foreign
government property to be used perpetually
for its diplomatic activities. This
land shall not be transferred or
otherwise conveyed to any other
party or used for any other purpose,
except upon the expressed permission
of the Government of Liberia. All
property so conveyed may escheat
to the Republic in the event of
a cessation of diplomatic relations.
Article 23
a)
The property which a person possesses
at the time of marriage or which
may afterwards be acquired as a
result of one’s own labors shall
not be held for or otherwise applied
to the liquidation of the debts
or other obligations of the spouse,
whether contracted before or after
marriage; nor shall the property
which by law is to be secured to
a man or a woman be alienated or
be controlled by that person’s spouse
save by free and voluntary consent.
b)
The Legislature shall enact laws
to govern the devolution of estates
and establish rights of inheritance
and descent for spouses of both
statutory and customary marriages
so as to give adequate protection
to surviving spouses and children
of such marriages.
Article 24
a)
While the inviolability of private
property shall be guaranteed by
the Republic, expropriation may
be authorized for the security of
the nation in the event of armed
conflict or where the public health
and safety are endangered or for
any other public purposes, provided:
(i)
that reasons for such expropriation
are given;
(ii)
that there is prompt payment of
just compensation;
(iii)
that such expropriation or the compensation
offered may be challenged freely
by the owner of the property in
a court of law with no penalty for
having brought such action; and
(iv)
that when property taken for public
use ceases to be so used, the Republic
shall accord the former owner or
those entitled to the property through
such owner, the right of first refusal
to reacquire the property.
b)
All real property held by a person
whose certificate of naturalization
has been cancelled shall escheat
to the Republic unless such person
shall have a spouse and/or lineal
heirs who are Liberian citizens,
in which case the real property
shall be transferred to them in
accordance with the intestacy law.
c)
The power of the Legislature to
provide punishment for treason or
other crimes shall not include a
deprivation or forfeiture of the
right of inheritance, although its
enjoyment by the convicted person
shall be postponed during a term
of imprisonment judicially imposed;
provided that if the convicted person
has minor children and a spouse,
the spouse or next of kin in the
order of priority shall administer
the same. No punishment shall preclude
the inheritance, enjoyment or forfeiture
by others entitled thereto of any
property which the convicted person
at the time of conviction or subsequent
thereto may have possessed.
Article 25
Obligation
of contract shall be guaranteed
by the Republic and no laws shall
be passed which might impair this
right.
Article 26
Where
any person or any association alleges
that any of the rights granted under
this Constitution or any legislation
or directives are constitutionally
contravened, that person or association
may invoke the privilege and benefit
of court direction, order or writ,
including a judgment of unconstitutionality;
and anyone injured by an act of
the Government or any person acting
under its authority, whether in
property, contract, tort or otherwise,
shall have the right to bring suit
for appropriate redress. All such
suits brought against the Government
shall originate in a Claims Court;
appeals from judgment of the Claims
Court shall lie directly to the
Supreme Court.
CHAPTER
IV
CITIZENSHIP
Article 27
a)
All persons who, on the coming into
force of this Constitution were
lawfully citizens of Liberia shall
continue to be Liberian citizens.
b)
In order to preserve, foster and
maintain the positive Liberian culture,
values and character, only persons
who are Negroes or of Negro descent
shall qualify by birth or by naturalization
to be citizens of Liberia.
c)
The Legislature shall, adhering
to the above standard, prescribe
such other qualification criteria
for the procedures by which naturalization
may be obtained.
Article 28
Any
person, at least one of whose parents
was a citizen of Liberia at the
time of the Person’s birth, shall
be a citizen of Liberia; provided
that any such person shall upon
reaching maturity renounce any other
citizenship acquired by virtue of
one parent being a citizen of another
country. No citizen of the Republic
shall be deprived of citizenship
or nationality except as provided
by law; and no person shall be denied
the right to change citizenship
or nationality.
CHAPTER
V
THE
LEGISLATURE
Article 29
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 enacting style shall be: "It
is enacted by the Senate and House
of Representatives of the Republic
of Liberia in Legislature assembled."
Article 30
Citizens
of Liberia who meet the following
qualifications are eligible to become
members of the Legislature.
a)
for the Senate, have attained the
age of 30 years and for the House
of Representatives, have attained
the age of 25 years;
b)
be domiciled in the country or constituency
to be represented not less than
one year prior to the time of the
election and be a taxpayer.
Article 31
Each
member of the Legislature, before
taking his seat and entering upon
the duties of office, shall take
and subscribe to a solemn oath of
affirmation, before the presiding
officer of the House to which such
person was elected and in the presence
of other members of that House,
to uphold and defend the Constitution
and laws of the Republic and to
discharge faithfully the duties
of such office.
Article 32
a)
The Legislature shall assemble in
regular session once a year on the
second working Monday in January.
b)
The President shall, on his own
initiative or upon receipt of a
certificate signed by at least one-fourth
of the total membership of each
House, and by proclamation, extend
a regular session of the Legislature
beyond the date for adjournment
or call a special extraordinary
session of that body to discuss
or act upon matters of national
emergency and concern. When the
extension or call is at the request
of the Legislature, the proclamation
shall be issued not later than forty-eight
hours after receipt of the certificate
by the President.
Article 33
Simple
majority of each House shall constitute
a quorum for the transaction of
business, but a lower number may
adjourn from day to day and compel
the attendance of absent members.
Whenever the House of Representatives
and the Senate shall meet in joint
session, the presiding officer of
the House of Representatives shall
preside.
Article 34
The
Legislature shall have the power:
a)
to create new counties and other
political sub-division, and readjust
existing county boundaries;
b)
to provide for the security of the
Republic;
c)
Armed Forces of the Republic, and
to make appropriations therefor
provided that no appropriation of
money for that use shall be for
a longer term than on year; and
to make rules for the governance
of the Armed Forces of the Republic;
d)
to levy taxes, duties, imports,
exercise and other revenues, to
borrow money, issue currency, mint
coins, and to make appropriations
for the fiscal governance of the
Republic, subject to the following
qualifications:
(i)
all revenue bills, whether subsidies,
charges, imports, duties or taxes,
and other financial bills, shall
originate in the House of Representatives,
but the Senate may propose or concur
with amendments as on other bills.
No other financial charge shall
be established, fixed, laid or levied
on any individual, community or
locality under any pretext whatsoever
except by the expressed consent
of the individual, community or
locality. In all such cases, a true
and correct account of funds collected
shall be made to the community or
locality;
(ii)
no monies shall be drawn from the
treasure except in consequence of
appropriations made by legislative
enactment and upon warrant of the
President; and no coin shall be
minted or national currency issued
except by the expressed authority
of the Legislature. An annual statement
and account of the expenditure of
all public monies shall be submitted
by the office of the President to
the Legislature and published once
a year;
(iii)
no loans shall be raised by the
Government on behalf of the Republic
or guarantees given for any public
institutions or authority otherwise
than by or under the authority of
a legislative enactment;
e)
to constitute courts inferior to
the Supreme Court, including circuit
courts, claims courts and such courts
with prescribed jurisdictional powers
as may be deemed necessary for the
proper administration of justice
throughout the Republic;
f)
to approve treaties, conventions
and such other international agreements
negotiated or signed on behalf of
the Republic;
g)
to regulate trade and commence between
Liberia and other nations;
h)
to establish laws for citizenship,
naturalization and residence;
i)
to enact the election laws;
j)
to establish various categories
of criminal offenses and provide
for the punishment thereof;
k)
to enact laws providing pension
scheme for various categories of
government officials and employees
in accordance with age and tenure
of service; and
l)
to make other laws which shall be
necessary and proper for carrying
into execution the foregoing powers,
and all other powers vested by this
Constitution in the Government of
the Republic, or in any department
or officer thereof.
Article 35
Each
bill or resolution which shall have
passed both Houses of the Legislature
shall, before it becomes law, be
laid before the President for his
approval. If he grants approval,
it shall become law. If the President
does not approve such bill or resolution,
he shall return it, with his objections,
to the House in which it originated.
In so doing, the President may disapprove
of the entire bill or resolution
or any item or items thereof. This
veto may be overridden by the re-passage
of such bill, resolution or item
thereof by a veto of two-thirds
of the members in each House, in
which case it shall become law.
If the President does not return
the bill or resolution within twenty
days after the same shall have been
laid before him it shall become
law in like manner as if he had
signed it, unless the Legislature
by adjournment prevents its return.
No
bill or resolution shall embrace
more than one subject which shall
be expressed in its title.
Article 36
The
Senators and Representatives shall
receive from the Republic remuneration
for their services to be fixed by
law, provided that any increase
shall become effective at the beginning
of the next fiscal year.
Article 37
In
the event of a vacancy in the Legislature
caused by death, resignation, expulsion
or otherwise, the presiding officer
shall within 30 days notify the
Elections Commission thereof. The
Elections Commission shall not later
than 90 days thereafter cause a
by-election to be held; provided
that where such vacancy occurs within
90 days prior to the holding of
general elections, the filling of
the vacancy shall await the holding
of such general elections.
Article 38
Each
House shall adopt its own rules
of procedure, enforce order and
with the concurrence of two-thirds
of the entire membership, may expel
a member for cause. Each House shall
establish its own committees and
sub-committees; provided, however,
that the committees on revenues
and appropriations shall consist
of one member from each County.
All rules adopted by the Legislature
shall conform to the requirements
of due process of law laid down
in this Constitution.
Article 39
The
Legislature shall cause a census
of the Republic to be undertaken
every ten years.
Article 40
Neither
House shall adjourn for more than
rive days without the consent of
the other and both Houses shall
always sit in the same city.
Article 41
The
business of the Legislature shall
be concluded in the English language
or, when adequate preparations shall
have been made, in one more of the
languages of the Republic as the
Legislature may by resolution approve.
Article 42
No
member of the Senate or House of
Representatives shall be arrested,
detained, prosecuted or tried as
a result of opinions expressed or
votes cast in the exercise of the
functions of his office. Members
shall be privileged from arrest
while attending, going to or returning
from sessions of the Legislature,
except for treason, felony or breach
of the peace. All official acts
done or performed and all statement
made in the Chambers of the Legislature
shall be privileged, and no Legislator
shall be held accountable or punished
therefor.
Article 43
The
power to prepare a bill of impeachment
is vested solely in the House of
Representatives, and the power to
try all impeachments is vested solely
in the Senate. When the President,
Vice President or an Associate Justice
is to be tried, the Chief Justice
shall preside; when the Chief Justice
or a judge of a subordinate court
of record is to be tried, the President
of the Senate shall preside. No
person shall be impeached but by
the concurrence of two-thirds of
the total membership of the Senate.
Judgements in such cases shall not
extend beyond removal from office
and disqualification to hold public
office in the Republic; but the
party may be tried at law for the
same offense. The Legislature shall
prescribe the procedure for impeachment
proceedings which shall be in conformity
with the requirements of due process
of law.
Article 44
Contempt
of the Legislature shall consist
of actions which obstruct the legislative
functions or which obstruct or impede
members or officers of the Legislature
in the discharge of their legislative
duties and may be punished by the
House concerned by reasonable sanctions
after a hearing consistent with
due process of law. No sanctions
shall extend beyond the session
of the Legislature wherein it is
imposed, and any sanction imposed
shall conform to the provisions
on Fundamental Rights laid down
in the Constitution. Disputes between
legislators and non-members which
are properly cognizable in the courts
shall not be entertained or heard
in the Legislature.
Article 45
The
Senate shall composed of Senators
elected for a term of nine years
by the registered voters in each
of the counties, but a Senator elected
in a by-election to fill a vacancy
created by death, resignation, expulsion
or otherwise, shall be so elected
to serve only the remainder of the
unexpired term of office. Each county
shall elect two Senators and each
Senator shall have one vote in the
Senate. Senators shall be eligible
for re-election.
Article 46
Immediately
after the Senate shall have assembled
following the elections prior to
the coming into force of this Constitution,
the Senators shall be divided into
two categories as a result of the
votes cast in each county. The Senator
with the higher votes cast shall
be the Senator from a county shall
be placed in the same category.
The seats of Senators of the first
category shall be vacated at the
expiration of the ninth year. In
the interest of legislative continuity,
the Senators of the second category
shall serve a first term of six
years only, after the first elections.
Thereafter, all Senators shall be
elected to serve a term of nine
years.
Article 47
The
Senate shall elect once every six
years a President Pro Tempore who
shall preside in the absence of
the President of the Senate, and
such shall officers as shall ensure
the proper functioning of the Senate.
The President Pro Tempore and other
officers so elected may be removed
from office for cause by resolution
of a two-theirs majority of the
members of the Senate.
Article 48
The
House of Representatives shall be
composed of members elected for
a term of six years by the registered
voters in each of the legislative
constituencies of the counties,
but a member of the House of Representatives
elected in a by-election to fill
a vacancy created by death, resignation
or otherwise, shall be elected to
serve only the remainder of the
unexpired term of the office. Members
of the House of Representatives
shall be eligible for re-election.
Article 49
The
House of Representative shall elect
once every six years a Speaker who
shall be the presiding officer of
that body, a Deputy Speaker, and
such other officers as shall ensure
the proper functioning of the House.
The speaker, the Deputy Speaker
and other officers so elected may
be removed from office for cause
by resolution of a two-thirds majority
of the members of the House.
CHAPTER
VI
THE
EXECUTIVE
Article 50
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 be elected by
universal adult suffrage of registered
voters in the Republic and shall
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