Liberia's Constitutional Democracy: A Historical Overview

what is liberia referred to as a constitutional democracy

Liberia is a constitutional democracy with a government modelled after that of the United States, with executive, legislative, and judicial branches. The country's constitution, established in 1986, provides for freedom of speech and the press, freedom of assembly, and the right to due process. Liberia's democracy ranks among the top 25% of countries in Freedom of Expression, according to the Global State of Democracy (GSoD) framework. However, it ranks in the bottom 25% in Basic Welfare, Economic Equality, and Absence of Corruption. Liberia is still transitioning from dictatorship and civil war to democracy, with the President of Liberia historically being the dominant force in the country's politics.

Characteristics Values
Form of government Republican
Branches of government Three separate coordinate branches: the legislative, the executive, and the judiciary
Head of state and government President, directly elected for a six-year term
Multiparty system Yes
Major political parties Unity Party, Congress for Democratic Change, Alliance for Peace and Democracy, United People's Party, National Patriotic Party, Liberty Party
Freedom of expression Rated among the top 25% of countries
Freedom of speech and the press Provided for in the constitution but restricted in practice
Freedom of assembly Guaranteed by the constitution
Right to due process Guaranteed by the constitution but poorly upheld
Right to culture Preserve, protect and promote positive Liberian culture
Right to safe work environment Guaranteed by the constitution
Right to healthcare Guaranteed by the constitution
Right to work Guaranteed by the constitution
Electoral process Elections to select a government were held in October and November 2005

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The Liberian constitution

Liberia's government is modelled after that of the United States, with executive, legislative, and judicial branches. The current Liberian constitution, which came into force on 6 January 1986, replaced the Liberian Constitution of 1847, which had been in force since the country's independence. The 1986 Constitution establishes Liberia as a multiparty republic, with a directly elected president serving as both head of state and government for a six-year term.

The Constitution grants legislative power to the Legislature of Liberia, with the power to make laws unrestrictedly, as long as they do not violate any provision of the Constitution. The Constitution also vests judicial powers in the Supreme Court of Liberia and any subordinate courts created by the Legislature. It outlines the requirements for judicial appointees, mandating that Supreme Court justices have at least five years of experience as counsellors of the Supreme Court Bar, while other judges must have been practising attorneys for three years or members of the Supreme Court Bar.

The 1986 Constitution expands the political rights outlined in the 1847 Constitution to include economic and social rights. For example, Article 6 ensures 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 based on gender, religion, or ethnicity, guaranteeing equal pay for equal work.

The Constitution also emphasises the role of the individual citizen in the social, economic, and political well-being of Liberia. It promotes equal access to educational opportunities and facilities for all citizens, with a focus on mass education and eliminating illiteracy. Additionally, it encourages bilateral and regional cooperation with other nations to foster cultural, social, political, and economic development in Africa and beyond.

In terms of civil liberties, the Constitution guarantees due process and the right to a jury trial. It ensures that no person shall be deprived of life, liberty, security, property, or any other right without a hearing and judgment consistent with its provisions and due process. The Constitution also invokes the separation of church and state and prohibits a state religion.

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Freedom of speech and the press

Liberia has been referred to as a constitutional democracy, and while it has enjoyed nearly two decades of peace and stability since the Second Civil War ended in 2003, it still faces issues with corruption, impunity, violence against women, and freedom of the press.

The constitution of Liberia provides for freedom of expression, including for the press, and the government generally respects these rights, although with some unofficial limits. Individuals can generally criticise the government publicly or privately, but government officials have used civil libel and slander laws to place limits on this. In February 2019, criminal libel and slander laws were repealed, and the Freedom of Information Act was passed. However, the Act is rarely used, and the government responds slowly, if at all, to information requests.

The country has a vibrant media landscape, with more than 40 newspapers, including online publications, and 130 radio and television stations. Liberia was ranked 75/180 on the World Press Index in 2022, an improvement from 98/180 in 2021. The media is critical for creating space for people to express their views, and it is key to facilitating inclusivity and participation of the whole of society in democratic processes and governance. However, there are still serious restrictions on freedom of the press, including violence and threats of violence against journalists. In 2020, during a state of emergency due to the COVID-19 pandemic, the deputy minister of information, Eugene Fahngon, threatened to revoke the licenses of any media institutions spreading "fake news".

While Liberia has made significant progress in establishing integrity institutions in its post-war era, these institutions are yet to reach their optimal potential. The media is in a unique position to raise difficult questions on behalf of the Liberian people, and to hold the government accountable for its actions.

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Democratic government

Liberia is a constitutional democracy, with a government modelled after that of the United States, comprising executive, legislative, and judicial branches. The country's constitution, established in 1986, outlines the country's democratic principles and guidelines. It calls for a multi-party system, with the president as the head of state and government, directly elected for a six-year term. The bicameral National Assembly, with the House of Representatives and the Senate, are also elected directly.

The constitution guarantees certain rights and freedoms, including freedom of speech, freedom of the press, and freedom of assembly. However, in practice, these freedoms are sometimes restricted. Liberia's democracy also faces challenges such as corruption, ethnic tensions, and economic inequality. Liberia is still in transition from a history of dictatorship and civil war, with efforts being made towards democratic reform and improving the lives of its citizens.

The country is divided into 15 counties for administrative purposes, each headed by a superintendent appointed by the president. The judicial system includes the Supreme Court, appeals court, magistrate courts, criminal courts, and traditional courts in some communities, allowing ethnic groups to govern themselves according to customary law. The constitution also emphasises the importance of individual freedom, social justice, and economic development, with the goal of ensuring the welfare of Liberian citizens.

Liberia's democratic journey has been marked by periods of instability, with political unrest, violence, and civil wars impacting the country's progress. The First and Second Liberian Civil Wars, driven by economic deprivation and power struggles, resulted in the loss of lives and displacement of hundreds of thousands of Liberians. The post-war government, led by Africa's first female head of state, Ellen Johnson Sirleaf, focused on addressing the underlying causes of conflict, including poverty and corruption.

Despite the challenges, Liberia has made significant improvements in its democratic process, with increased public consultation and efforts towards constitutional reform. The country's democracy is ranked in the middle range across the Global State of Democracy (GSoD) framework, with room for improvement in basic welfare, economic equality, and the absence of corruption.

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Three branches of government

Liberia's government is modelled after that of the United States, with three equal branches of government: the executive, legislative, and judicial branches. However, in reality, the President of Liberia has typically been the dominant force in the country's politics.

The executive branch is led by the President, who is both the head of state and government. The President is directly elected by the people for a six-year term. The President appoints the superintendent for each of Liberia's 15 counties.

The legislative branch comprises a bicameral National Assembly, with a House of Representatives and a Senate. Members of the National Assembly are directly elected by the people and serve six-year terms in the House of Representatives and nine-year terms in the Senate.

The judicial branch is made up of the Supreme Court, an appeals court, magistrate courts, and criminal courts. There are also traditional courts in some communities, which allow ethnic groups to govern themselves according to customary law.

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The right to due process

Liberia's government is based on the American model of a republic with three equal branches of government: the executive, the legislative, and the judiciary. The 1986 Constitution of the Republic of Liberia is the supreme law of the country, and it guarantees fundamental rights and freedoms to all citizens.

The 1986 Constitution of Liberia outlines several rights that are protected by due process. These include the right to life, liberty, security of the person, property, privilege, or any other right. The constitution states that no person shall be deprived of these rights except as the outcome of a hearing judgment consistent with the provisions laid down in the Constitution and in accordance with due process of law.

The right to a fair trial is also guaranteed by the Liberian constitution. This includes the right to be informed of the charges against oneself, the right to remain silent, the right to counsel, and the right to confront witnesses. The constitution also prohibits double jeopardy and guarantees the right to a speedy trial.

In addition to these protections, the Liberian constitution also guarantees the right to appeal judicial decisions. This right is held inviolable, meaning that it cannot be violated or infringed upon. The constitution also establishes contempt of the Legislature, which may be punished by reasonable sanctions after a hearing consistent with due process of law.

The 1986 Constitution of the Republic of Liberia has helped to establish a framework for a democratic form of government in the country, promoting unity, liberty, peace, stability, equality, justice, and human rights under the rule of law.

Frequently asked questions

Liberia is a constitutional democracy with a republican form of government. The country's constitution was established in 1986 and is similar to the US Constitution.

Liberia's constitution provides for freedom of speech and the press, freedom of assembly, and the right to due process. It also guarantees equal access to educational opportunities and safe work environments. The constitution also ensures the right to culture and promotes positive Liberian culture and values.

Liberia's democracy has been rated as a "hybrid regime" and performs in the middle range across various categories in the Global State of Democracy (GSoD) framework. The country ranks highly in Freedom of Expression but poorly in Basic Welfare, Economic Equality, and Absence of Corruption.

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