The New Constitutional Developments in the Republic of Liberia

The 133-year old constitution of July 26, 1847 of the Republic of Liberia which was closely modelled on the US constitution has been suspended through a military coup of April 12, 1980, declared a revolution against the 133-year old Americo-Liberian rule. The new »constitution« is contained in two Military Decrees of April 24, 1981, the first on »Establishing a System of Orderly Government«, the other »Establishing Special Tribunals for the Administration of Justice«. According to the first, the »People's Redemption Council of the Armed Forces of Liberia« - PRC - is vested with all legislative and executive powers when being presided over by its Chairman. The previous, all-powerful Liberian presidency and chief executive is thereby replaced by an executive council the chairman of which is additionally called »Head of State«. While the previous laws in principle remain in force, amendments and new laws are promulgated by the PRC as the new legislative power in the form of Military Decrees. The PRC has formed committees which like the PRC and individuall PRC members show a preference for sometimes independent executive action and less towards concerted legislative work. This affects Ministries, the Cabinet as well as Executive Agencies which have been retained but have partly been filled with military personnel; no Minister is a member of the PRC. The judicial power has been vested in a »People's Supreme Tribunal« under a »Chairman« which has replaced the previous, smaller »Supreme Court« under its »Chief Justice«. The other courts have remained, however, with the addition of »People's« to their respective names. A »Military Tribunal« responsible for the trying of the numerous political prisoners, 13 of whom have been shot, functions outside of the formal judiciary system. In March, 1981 a 25-men National Constitutional Commission was established and has begun to deliberate on a new Liberian constitution. Popular demands and the aims of the Liberian revolution permit the prediction of an Africanization of the Liberian constitution and legal system.