Isabella Carter
The Constitution of Liberia is the supreme law of the Republic of Liberia. The current constitution, which came into force on 6 January 1986, replaced the Liberian Constitution of 1847, which had been in force since the country's independence. The 1986 Constitution was drafted by a 25-member National Constitution Committee, chaired by Amos Sawyer, a political science professor at the University of Liberia. The revised Constitution was submitted to a national referendum on 3 July 1984 and was approved by 78.3% of voters.
| Characteristics | Values |
|---|---|
| Date written | 26 July 1847 |
| Date adopted | 6 January 1986 |
| Author | Hilary Teague |
| Type of government | Republican with three separate branches: legislative, executive, and judiciary |
| Sovereignty | Unitary sovereign state |
| Rights | Political, economic, social, cultural, and workers' rights |
| Citizenship | Limited to "persons who are Negroes or of Negro descent" |
| Powers | Legislative power granted to the Legislature of Liberia; judicial powers vested in the Supreme Court of Liberia and any subordinate courts created by the Legislature |
| Election rules | Candidates for the presidency must own at least $25,000 in real property; the president cannot serve more than two terms, and presidential terms are limited to six years |
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What You'll Learn
The Liberian Declaration of Independence
On 26 July 1847, the Liberian Declaration of Independence was adopted by the Liberian Constitutional Convention, announcing that the Commonwealth of Liberia, a colony founded and controlled by the private American Colonization Society, was now an independent state known as the Republic of Liberia. The Declaration was written by Hilary Teague and was adopted simultaneously with the first Constitution of Liberia. The anniversary of the adoption of the Declaration and the Constitution is celebrated as Independence Day in Liberia.
The Liberian Declaration parallels the US Declaration of Independence in its listing of injustices perpetrated by the United States, but it does not assert a right to revolution. Instead, it frames its independence as the planned purpose of the colony by the American Colonization Society. The Society had surrendered all control of the colony in January 1846 and fully encouraged the independence of Liberia. The Declaration and Constitution were signed by eleven delegates and one secretary, representing the three counties of Liberia, who gathered in the Providence Baptist Church in Monrovia.
On 3 January 1848, Joseph Jenkins Roberts, a free man of colour born in Norfolk, Virginia, United States, was sworn in as Liberia's first president. The Liberian constitution and flag were modelled after those of the United States because nearly all of Liberia's founders were free people of colour and former slaves who had emigrated as colonists from the United States. On 5 February 1862, after 15 years of avoiding the issue, the United States officially recognized Liberia's independence.
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The Constitution of Liberia
The current Constitution of Liberia came into force on 6 January 1986, replacing the previous Liberian Constitution of 1847. The 1986 Constitution establishes a system of government modelled on the Federal Government of the United States, comprising three separate branches: the legislative, the executive, and the judiciary. The legislative power is vested in the Legislature of Liberia, with the Constitution granting it broad powers to make laws, provided they do not violate any constitutional provisions. The executive power is held by the President of Liberia, who is responsible for executing the country's laws and is subject to term limits, being allowed to serve a maximum of two terms of six years each.
The Constitution outlines specific rights and protections for Liberian citizens. It guarantees equal access to education and promotes the preservation and development of traditional Liberian culture. Workers' rights are also established, prohibiting inhumane or hazardous working conditions and ensuring safe and healthy employment. The Constitution prohibits employment discrimination based on gender, religion, or ethnicity and mandates equal pay for all. Additionally, it upholds the separation of church and state and explicitly bans the establishment of a state religion.
The 1986 Constitution was drafted by a 25-member National Constitution Committee, chaired by Amos Sawyer, a political science professor at the University of Liberia. The revised Constitution was submitted to a national referendum on July 3, 1984, and was approved by 78.3% of voters. It came into effect on January 6, 1986, coinciding with the inauguration of Doe and the newly elected Legislature.
The previous Constitution of Liberia, enacted in 1847, was created when the Commonwealth of Liberia declared its independence from the American Colonization Society on 26 July 1847. The 1847 Constitution was modelled after the United States Constitution, reflecting the influence of Liberia's founders, who were primarily free people of colour and former slaves from the United States. The 1847 Constitution provided for political rights similar to those in the United States Bill of Rights.
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Independence from the American Colonization Society
The Commonwealth of Liberia declared its independence from the American Colonization Society (ACS) on 26 July 1847, becoming the Republic of Liberia. The Liberian Declaration of Independence was written by Hilary Teague and was adopted simultaneously with the first Constitution of Liberia.
The ACS was a private organization established in Washington, DC, in 1816 by a group of white Americans. It was founded to deal with the "problem" posed by the growing number of free blacks in the United States by resettling them in Africa. The ACS sent representatives to West Africa in 1818 to find a suitable location for the colony, but they were unable to persuade local leaders to sell their territory. In 1820, a group of free black settlers and society members sailed for Sierra Leone, signing a constitution requiring that an agent of the ACS administer the settlement under US laws. They settled on Scherbo Island, but many died from malaria. In 1821, a US Navy vessel found a place for permanent settlement in what is now Liberia, with a local ruler being coerced into selling land to the Society.
The Liberian Declaration of Independence parallels the US Declaration of Independence in listing injustices perpetrated by the United States, but it does not assert a right to revolution. Instead, it frames independence as the planned purpose of the colony by the ACS. The Declaration also articulates the history of the Americo-Liberians who settled the original colony and expresses the aspiration of Liberia to be accepted as a free and independent state. It is important to note that the Liberian declaration and constitution assumed that men would rule the newly independent country.
The ACS had surrendered all control of the colony in January 1846 and encouraged Liberia's independence. The Liberian constitution and flag were modelled after those of the United States because nearly all of Liberia's founders were free people of colour and former slaves who had emigrated as colonists from the US. Liberia's independence was also influenced by the increasing involvement of Europeans in West African affairs, which made it difficult for the colony to be managed by a private US-based organization. The official recognition of Liberian independence by the US did not occur until 1862, 15 years after it was declared.
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The current constitution
The 1986 Constitution establishes Liberia as a unitary sovereign state with a Republican form of government, consisting of three separate branches: the legislative, the executive, and the judiciary. It emphasises the principle of separation of powers, with no person holding office in one branch allowed to hold office or exercise power in either of the other two branches.
The Constitution grants legislative power to the Legislature of Liberia, which has the authority to make laws as long as they do not violate any provision of the Constitution. It also vests executive power in the President of Liberia, who is responsible for faithfully executing the country's laws. The Constitution introduces term limits for the presidency, limiting presidents to two terms with a maximum of six years per term.
Additionally, the Constitution emphasises the importance of individual freedom and social justice, guiding the management of the national economy and natural resources to ensure maximum participation of Liberian citizens and advance their welfare. It also promotes bilateral and regional cooperation with other nations, particularly in Africa, for cultural, social, political, and economic development.
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The 1847 Constitution
The executive branch was led by the President, who was elected by popular vote of all land-owning citizens to a two-year term. The 1847 Constitution introduced term limits, prohibiting the President from serving more than two terms. One notable change from the previous constitution was the increase in the requirement for candidates' real property holdings to $2,500, up from $600. The President was also granted immunity from civil suits and arrest on criminal charges during their tenure, though they could be prosecuted for criminal acts after leaving office.
Legislative power was vested in the Legislature, a bicameral body consisting of a House of Representatives and a Senate. The Legislature was not restricted in its law-making power, as long as the laws did not violate any provision of the Constitution.
The judicial branch was headed by the Supreme Court, which was made up of the Chief Justice and four associate justices. The Constitution also allowed for the creation of subordinate courts by the Legislature. The 1847 Constitution set out requirements for judicial appointees, mandating that Supreme Court justices had to be counselors of the Supreme Court Bar for at least five years, and other judges had to be either practicing attorneys for three years or members of the Supreme Court Bar.
The Constitution was approved in a referendum on 27 September 1847 and remained in effect until its suspension following a coup d'état on 12 April 1980. During its time in force, the Constitution underwent several amendments, including extensions of the presidential term length to four years in 1907 and eight years in 1935.
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Frequently asked questions
The Liberian Constitution was written by Hilary Teague and adopted on 26 July 1847, the same day the Liberian Declaration of Independence was adopted.
The Liberian Constitution was modelled on the United States Constitution as nearly all of Liberia's founders were free people of colour and former slaves who had emigrated from the United States.
The 1986 Constitution expanded the political rights outlined in the 1847 Constitution to include a variety of economic and social rights. For example, Article 6 provides for equal access to education, while Article 5 protects traditional Liberian culture.
