🏛️Draft Constitution
Preamble
We, the free people of the world, in order to protect our right to life, to property, and to secure liberty for ourselves and future generations, establish this Constitution of the Republic of Liberland.
Book 1: Fundamental Principles
Chapter 1: Foundations of Liberty
Article 1: Individual Sovereignty
Section 1: Self-Ownership
Every individual shall have the sole, undivided, and absolute sovereignty over their own person, including their body and mind and their ability to act.
The intrinsic relationship of control and dependency between an individual and their person shall be inviolable, and it shall be afforded the highest degree of protection for everyone equally.
Section 2: Personhood
The individual’s inherent capacity to have rights and obligations, henceforth “Natural Personhood” shall be regarded as singular and indivisible.
Personhood shall be extended to every human being without exception.
Additionally, Personhood may be extended to other entities possessing a comparable level or degree of sapience to that of a human being, provided such entities a) can coherently express the desire to be recognized as persons; and b) consistently manifest the capability to actively utilize rights and adhere to obligations.
Article 2: Private Property
When a Person a) acts and adds value to an unowned resource, be it an object, an animal, or any other controllable natural phenomenon, or b) receives a resource from its previous owner by means of a transaction completed with expressed and real intent and full understanding of the action and its consequences, that resource shall become the property of the acting or receiving person.
Article 3: Sovereignty over Property
A Person shall be free to act on their property as they see fit, use it, relinquish it, destroy it, or transfer it for the benefit of another person.
Article 4: Property Permanence
A Person shall be recognized as the owner of their property for as long as they see fit, and the rights of the owner in relation to the subject of their property shall not diminish nor disappear with the passage of time alone.
Article 5: Freedom of Transaction
Any actions taken by an owner that are clearly intended to renounce or transfer ownership of property, either in entirety or partially, shall be universally recognized and respected.
Chapter 2: Code of Conduct
Article 6: Non-Aggression Principle
A Person shall not act upon property they do not own without the owner's express permission, except when necessary to remedy a situation in which that owner has infringed property rights of other people or violated a binding promise related to property.
A Person who breaches the Non-Aggression Principle shall bear the risks and consequences of their actions.
Article 7: Right to Retaliate
Everyone shall permit individuals to protect their own property and, with the owner's consent, also the property of others from infringement that constitutes a breach of the Non-Aggression Principle.
Chapter 3: Centralized Authority
Article 8: Public Defender of Property
To resolve situations where the Non-Aggression Principle is not observed or where there is a real risk of property damage or destruction, the people shall appoint a centralized authority to function as the public protector of property rights when owners are unable to effectively defend their property, liberty, or life.
Article 9: State of Liberland
Section 1: Protection of Property rights
The centralized authority, in cases of necessity and solely to the extent required by the specific circumstances, may impose limitations on the property rights of individuals. Such limitations shall be minimally intrusive and only enacted to address the immediate situation or to prevent imminent and clearly foreseeable damage.
The State of Liberland, hereafter referred to as "Liberland," shall serve as the sole public protector of property rights within its jurisdiction.
Section 2: Ownership of the State
Liberland shall be collectively owned by its Citizens and this ownership shall be divided into seventy million shares of equal value. These shares shall be called Liberland Merits (LLM).
There shall exist only one category of share in Liberland and shares shall be fungible.
Shares shall be sold on the open market which will be the basis for finding their value.
Section 3: Shares and political power
The magnitude of one's share shall be directly and unalterably linked to one's level of political influence within the State.
The aggregate political influence attributed to the total of all shares in circulation shall constitute the ultimate political authority in Liberland.
Section 4: Equal access to ownership
No policy or scheme shall be implemented to disqualify any individual from acquiring or freely trading shares in Liberland, except on the grounds of a past and present proven serious misconduct, henceforth “Crime”.
Article 10: Structure of Liberland
Liberland shall form organs that shall be organized hierarchically, with each performing specific functions, henceforth referred to as "the Government."
In addition to the Government, Liberland shall award the foremost among its supporters a seat in a special body of oversight and control, the Senate.
These Senators shall ensure that the Government serves as the public defender of property and nothing more.
Book 2: Liberland Government
Chapter 1: Structure and rights of the Government
Article 11: Constitutional obedience
Section 1: Adherence to the Constitution
The Government shall be irrevocably bound by the provisions of this Constitution, both in its letter and spirit, and shall directly apply it in all its actions and decisions as the supreme law of the land.
In the issuance of any rule or regulation, the Government shall directly and without reservation adhere to the principles and provisions of this Constitution.
Section 2: Enforcement of Constitutional Provisions
While Government remains completely compliant with this Constitution, it shall be mandated to enforce its provisions directly against everyone in Liberland and under Liberland’s jurisdiction, ensuring that it becomes and remains the supreme law of the land.
Article 12: Structure of the Government
The Government shall be meritocratic in nature, organization, conduct, and governing philosophy.
Its primary division shall be on the grounds of function into Legislative, Executive, and Judicial powers.
Article 13: Actions of the Government
The Government shall only perform actions to which it is empowered, directly or indirectly, by this Constitution.
Article 14: Financing the Government
The Government and all its organs and activities shall be financed in accordance with the Non-Aggression Principle.
Article 15: Treasury
Section 1: Ownership and Management of the Treasury
The Treasury of Liberland, while managed by the Government, is the property of Liberland.
Section 2: Surplus Distribution
In instances where the Treasury's surplus amounts to at least three times the modal value of the budgets from the past five years, the Government may allocate such surplus to the Senate and the Citizens of Liberland.
Distribution shall take place in proportion to the Citizen’s share in Liberland.
Distribution of undistributed LLM shall be allocated in proportion to their respective share in the Senate and in addition also in the same proportion to all the undistributed LLM.
The entitlement to receive a portion of the surplus is inherently linked to the stakeholder’s share, with each share granting equal rights to distribution as any other share.
Article 16: Non-Liability for State Debts
The People of Liberland shall not serve as guarantors for State debts under any circumstances.
Article 17: Balanced Budget
The Government's budget shall be kept in surplus or, at minimum, balanced. The Government shall not incur debts.
Article 18: Liability of Liberland
Liberland shall incur liability for any property damage that contravenes the Non-Aggression Principle, specifically if such damage results from actions taken by its officials or Agents that are in direct opposition to this Constitution, established judicial precedents, or legislation enacted by the legislative authority.
Article 19: Equality before the Law
Every individual shall be considered equal before the Government, entitled to identical rights and subject to the same duties, with respect to their personhood.
This Law shall not recognize any privileges or special statuses for any person, whether natural or juridical, other than those expressly provided for in this Constitution.
Article 20: Lawful Property use
The Government shall not restrict the use of the private property of Persons as long as that use conforms with the Non-Aggression Principle or with binding norms of public international law.
Article 21: Due Process
Section 1: Right to a Fair Hearing
When any governmental branch is involved in decision-making that affects the rights and duties of individuals, it must ensure that both parties are given an opportunity to be heard.
These matters must be resolved promptly and without unnecessary delays, with actions characterized by fairness and impartiality.
Section 2: Enhanced Due Process in Delict Cases
In proceedings aimed at determining guilt or innocence related to violations of laws or the constitution, the government is obligated to afford all parties, especially the defendant, an enhanced level of procedural protection.
The defendant shall be deemed innocent until proven guilty.
This includes, at a minimum, adherence to the principles of due criminal process and fair hearings as universally recognized in civilized jurisdictions.
Defendants shall have the right to be informed of the identity of their accusers and to respond to the charges against them effectively.
Decisions on guilt and the imposition of penalties must be based solely on evidence that establishes guilt beyond a reasonable doubt.
Article 22: Transparency in public affairs
The Government shall conduct its business openly, making all affairs, documents, and decision-making public unless immediate publication would directly lead to damage to life or property.
In all its communications, the Government shall adhere to truthfulness, supported by evidence that can be independently verified.
When presenting opinions rather than facts, the Government shall explicitly identify these expressions as opinions to distinguish them from factual assertions.
Chapter 3: Basic Rights
Article 23: Basic rights and fundamental freedoms
Section 1: Basic principles of liberty
The Government shall at all times uphold and protect certain basic rights for all individuals under the jurisdiction of Liberland. The fundamental principles outlined in Book 1 shall constitute the core of these rights.
These principles shall be accorded the utmost legal precedence, holding status as the supreme law of Liberland, and shall take precedence even over all other Constitutional provisions.
It is incumbent upon all branches of Government to implement these principles directly, ensuring interpretations that always aim to maximize individual liberty. No branch of Government shall engage in actions that undermine these core principles.
Section 2: Explanatory rights and freedoms
Additional rights and freedoms explaining and expanding upon the basic constitutional principles critical to the preservation of Liberland's libertarian ethos shall be expressly enumerated within this Constitution.
Further such rights and freedoms shall be determined and rendered obligatory for the Government through the judiciary’s rulings and the legislative body’s actions. These rights and freedoms shall be derived using universally acknowledged principles of liberty in political science.
Article 24: General power of competence
For all Persons within Liberland’s jurisdiction, everything which is not forbidden is allowed.
All Persons shall be seen as responsible and capable of acting and comprehending the consequences of their actions unless proven otherwise. The final judge in case of doubt shall be the Judiciary.
Article 25: Rights of Ownership
While adhering to the Non-Aggression Principle, Property owners shall have the right to act upon their Property as they see fit: to give it up, to destroy it or to modify it according to their designs.
No Property shall be confiscated while the owner acts according to the Non-Aggression Principle.
Owners shall have the right to establish rules of conduct for every Person on the Property, other than Agents who act strictly pursuant to and within the limits of the Constitution.
Article 26: Right to Privacy
Everyone shall be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, except where based on a Warrant issued by the Judiciary.
The same shall apply to any kind of surveillance of communication or activities. The Government shall never contract a private party or another government to perform such activities.
The Judiciary shall only issue Warrants of search, seizure, or surveillance upon probable cause, particularly describing the place to be searched and the persons or things to be seized, as well as the reason for the search or seizure.
Article 27: Right to Bear Arms
All adult, able-minded Citizens permanently residing in Liberland of 18 years or older with no violent criminal record shall have the right to own, manufacture, sell, transfer, transport, and bear arms fit for personal defense.
Article 28: Right of Collective Defence
All Persons, individually or jointly, shall have the right to defend their Property by protecting the land, airspace, territorial waters, Liberland vessels and vehicles, and all Liberlanders collectively against threats when circumstances demand it.
The Legislative and the Executive shall aid and abet this effort when deemed necessary, organising the Liberland Defence Force composed of armed and unarmed Agents voluntarily protecting the Land against aggression or natural disasters to preserve life and Property.
Article 29: Right to Petition
All Persons permanently residing in Liberland shall also have the right to petition the Government without fear of punishment.
Chapter 4: Fundamental Freedoms
Article 30: Freedom of Speech
All Persons shall be free to speak or express their thoughts without fear of punishment as long as that speech isn’t made in order to convince others to engage in aggressive violence.
Article 31: Freedom of Movement
Every Citizen of Liberland shall have the right to move freely within Liberland's territory, freely leave, enter, and dwell in it.
The free movement of other Persons may be restricted only by law and only when not doing so represents a clear and present danger to other people and their property.
Article 32: Freedom of Commerce
All persons shall have the right to engage in commerce, offering goods and services to others, as long as the goods, services, and manner of offering conform to the Non-Aggression Principle or public international law.
The Legislative or the Executive shall not interfere with the validity and/or content of any contract fulfilling this Article's requirements nor impose licensing or similar schemes restricting Liberland Citizens' ability to engage in commerce.
Article 33: Freedom of Expression
Everyone shall be free to distribute information in the form of printed materials, radio, television, the Internet, or any other medium of information exchange, except when the materials violate the Non-Aggression Principle and public international law.
Article 34: Freedom of Assembly
All Persons shall have the right to assemble peaceably.
Article 35: Freedom of Association
All Persons shall have the right to associate or transact with any other person or refuse to associate or transact with any other person for any reason. Persons shall always retain their right to leave any association.
No law shall interfere with any association or transaction as long as their purpose and action conform with the Non-Aggression Principle and binding norms of public international law.
Article 36: Freedom of Religion, Freedom From Religion
No Law shall regulate the establishment or abolition of any religion, nor shall it prohibit the free exercise thereof, provided that the doctrines and practices of such religion do not violate the Non-Aggression Principle.
No Law shall restrict marriage between consenting adults, provided that such marriage is based on their own free will and Informed Consent.
Article 37: Freedom from Coercive Taxation
No Person shall be subject to any form of taxation, mandatory social or other forms of insurance, enforced pension schemes of any nature, or any other types of rules or regulations that result in the expropriation of funds from them without their prior explicit and informed consent.
Article 38: Freedom From Tolls and Duties
The import and export of goods, services, or capital, as well as the movement of persons as this is required to move such goods and services, shall not be subject to tolls, quotas, tariffs or any other measures that may impede their freedom within the internal market of Liberland and in international trade.
Article 39: Freedom from Counterfeiting
Section 1: Monetary Commodity Freedom
The Administration shall not restrict a particular commodity from being used as money or a money-like instrument, unless the use of this commodity would breach the Non-Aggression Principle or norms of public international law.
Section 2: Prohibition of Central Banking and Monetary Manipulation
There shall not be a policy establishing, enabling, or encouraging public central bank-like institutions in Liberland. The Government shall not manipulate interest to influence the market or engage in any other manipulative monetary policy.
The Government shall never grant special rights or favors to private persons or institutions to do any of the above or to insure deposits or protect them from bankruptcy should they lack sufficient assets to cover all their liabilities.
Article 40: Freedom from Unrestricted Accusation or Detention
In instances where an individual is accused of a legal violation or is subjected to arrest, the actions undertaken by the executing Agents must be carried out with full transparency. These Agents are mandated to: a. Inform the accused promptly of their legal rights, which encompass at least that they have the right i. to remain silent and being informed that if they choose to speak, it can be used against them; and ii. to consult with an attorney and to have that attorney present during each stage of the process. b. Clearly communicate the nature of the charges, the potential consequences, and the identity of the accuser to the accused.
No individual shall be detained for a period exceeding twelve hours without the issuance of a formal order of specific charge against them.
Article 41: Freedom to Organize Legal Defense
Agents responsible for the detention of individuals or the delivery of their accusation are required to allow the detained persons to inform a person or persons of their choice regarding their detention promptly.
Additionally, agents must facilitate the detained individuals' immediate access to communication means by which they can obtain legal representation.
Article 42: Freedom from Military Service
Liberland shall have no standing army, no Persons shall be conscripted for military purposes and no assets shall be confiscated to resolve a crisis, including but not limited to a military one.
Chapter 4: Constitutional Policies
Article 43: Good Neighbor Policy
Liberland shall, in all matters, strive to be a good neighbor to its fellow sovereign States and individuals living in other countries and places in the world.
Article 44: Striving towards Peace
Liberland shall strive to maintain peace with all its neighbors individually and with the international community in its entirety.
Article 45: Neutrality
Liberland shall not participate in conflicts, whether between States, within States including itself, or otherwise.
The initiation of violence shall likewise be prohibited, whether against other States, non-State groups such as minorities, religions or businesses, or against individuals.
However, nothing in this Article shall be construed as prohibiting legitimate collective defense.
Article 46: Commitment to International Law
Norms of public international law binding Liberland, whether by Treaty or otherwise, shall have direct legal force, and the Government shall always act within its boundaries.
In case of a conflict between the norms of this Constitution and a norm of public international law binding Liberland, the norm of public international law shall apply, except when it conflicts with this Constitution and the conflict proves irreconcilable by interpretation or negotiation.
Article 47: Prohibition of Slavery
Section 1: Ban on Slavery and Involuntary Servitude
The Government shall not permit a relationship amounting to involuntary servitude or slavery to exist in Liberland, even if entered voluntarily and otherwise lawfully.
Agreements of enslavement shall be null and void. Any enslaved person shall always have the right to withdraw their consent to any form of enslavement and be free without any negative consequences, regardless of any previous stipulations to the contrary.
Section 2: Right to Escape
Any enslaved person shall always retain the right to escape their bondage by any means necessary. The Government shall help enslaved persons escape slavery.
Article 48: Protection Against Slavery-like Treatment
Contracts, agreements, or any arrangements between parties that resemble or approximate conditions of slavery in their nature or execution shall be treated with the same severity and legal scrutiny as actual slavery.
The degree to which these contracts or arrangements mimic slavery shall determine the extent of governmental intervention and the application of extraordinary powers that in themselves break the Non-Aggression Principle to address and rectify such situations.
Article 49: Protection against Cruel and Unusual Treatment
All provisions applying to slavery shall also apply to situations when a Person is subjected or threatened with cruel and unusual treatment or punishments, as understood by public international law.
Article 50: Protection of Cultural and Natural Heritage
The Government shall identify and protect the natural and cultural heritage of Liberland, both on land and in its waters and waterways. It shall, when acting, take concern for the welfare of the soil, and the plant and animal life, both on land and in water, as well as for the overall ecosystem and each biome.
Article 52: Providing Public Services Privately
The Government shall, in general, not possess a monopoly on the provision of services which the Constitution or the Law allot to it or its branches, henceforth "Public Service," allowing private subjects to provide those same services.
Where private subjects provide Public Services, they shall be required to adopt the Government's purpose and respect Fundamental Rights.
The Government and the State shall retain the monopoly on investigating and adjudicating cases where the object of the case is to determine the guilt and punishment for violating a provision of this Constitution or the public international law which also involves breaches of the Non-Aggression Principle, henceforth “Crime”.
Book 3: Judicial Power
Chapter 1: Courts
Article 52: Function of the Judiciary
The primary function of the Judiciary in Liberland shall be to resolve disputes between parties and to interpret the provisions of the Constitution and other Laws of Liberland, as well as under applicable international law.
Article 53: Jurisprudence
In instances where the law remains silent or ambiguous, the Judiciary is tasked with providing clarity and establishing a stable body of jurisprudence to guide future interpretations.
Article 54: Hierarchy of Courts
The Judiciary shall be vested in one Supreme Court, and in other, lower Courts such as Persons or the Administration may from time to time establish.
Each court within the judiciary hierarchy shall operate with full independence in its decision-making processes, bound only by standing jurisprudence relevant to them.
Article 55: Judiciary Instruments
The Judiciary is authorized to employ the following instruments in the exercise of its functions: a. Verdicts: These constitute the Judiciary's decisions regarding specific cases. Once they acquire legal force, verdicts are binding upon the parties involved, the issuing court, and all subordinate courts within the judicial hierarchy indefinitely. b. Orders: These are temporary directives issued to the parties or in case of disobedience to other branches of government, typically the Executive, to regulate actions deemed necessary for resolving specific cases or for protecting the property rights of the parties involved, or in exceptional circumstances, those of third parties.
Article 56: Precedents
All Verdicts of the Supreme Court shall be binding upon the parties to the process and upon all lower Courts.
Other Courts, including private courts, shall be bound by their Verdicts or Verdicts made by Courts superior to them in the Judiciary hierarchy.
Article 57: Recourse
Section 1: Judicial Examination of Constitutional Breaches
Where a party to a case presented to a Court claims a provision in a legislative instrument or an action of the Government relevant to a case to be in breach of this Constitution, the Court shall examine the claim. Where the claim is justified, the Court shall provide Recourse against that provision by setting it aside for the case.
Section 2: Court Recommendations and Loss of Legal Force
After the final verdict in a case where a Court provided Recourse gains legal force, the last Court to have heard the case shall inform the Legislative or the Executive of the breach of this Constitution and shall issue binding recommendations on how to resolve the breach.
Should the offending provision not be amended to resolve the breach, it shall lose its legal force at the latest at the end of the Election Term after the Election Term in which the final verdict gained legal force.
Article 58: Establishing Courts
Section 1: Establishment of Courts
The establishment and dissolution of Courts shall be done solely by the people, executed through the formulation of operational rules, the relevant Law which must include this Constitution as the supreme law of the land, adherence to public international law and any jurisprudence and legislation stemming from it, and the allocation of necessary personnel and budgets to ensure the regular functioning of each Court.
Upon establishing a Court, those responsible shall notify the Government of its establishment, detailing the operational rules, personnel allocation, and budget provisions.
Section 2: Governmental Oversight and Recognition
Each newly established Court shall be evaluated by the Government based on these rules to determine its sufficiency.
The Government is tasked with setting overarching rules, in alignment with the principles laid out in this Constitution, to define the criteria for a Court's sufficient establishment.
Section 3: Decision on Court Recognition
Courts found to be insufficiently established will receive recommendations for compliance. Until such recommendations are fully implemented, these Courts will not be officially recognized under this Constitution. However, they may continue to operate, albeit without constitutional powers.
Courts deemed sufficiently established, according to the Government's evaluation, shall be recognized as a Court under this Constitution.
Article 59: Disestablishment of Courts
Any court, regardless of its recognition status by the Government, found to exhibit systemic and blatant disregard for the fundamental principles enshrined in this Constitution, the supremacy of the Constitution, the recognition of jurisprudence of Liberland as binding or applicable public international law, shall receive a formal warning from the Government, accompanied by binding recommendations for rectification.
Should these recommendations fail to be implemented promptly, the Government shall promptly disestablish the Court.
Courts found in disobedience of the criteria which haven’t been judged as blatant or systemic may instead merely lose their Government recognition.
Chapter 2: The Judge
Article 60: Office of the Judge
The Judiciary shall operate primarily through its Judges. Each case brought before the Judiciary must be presided over by either a single Judge or a panel of Judges.
A Judge must be a professional in law, with verifiable experience in adjudicating cases. They must possess extensive knowledge of Liberland law and be familiar with other legal systems relevant to their duties.
Additionally, candidates must be recognized as proponents of the classically liberal principles of governance and the values upheld by this Constitution.
Article 61: Judicial Independence and Tenure
Judges in the Liberland courts are to maintain and exercise complete judicial independence.
Judges shall in general be granted a lifetime tenure unless the rules of the given Court decide otherwise.
A Judge's tenure in Liberland may end under the following circumstances: a) A declaration by the Supreme Court regarding the Judge's incapacity to perform judicial duties. b) Dismissal, in accordance with the law. c) Voluntary resignation.
Article 62: Separation of Judicial Office from Other Branches
No individual may simultaneously hold a judicial office and any office within the Legislative or Executive branches.
Article 63: Appointment of Judges
Courts shall nominate Judges based on the candidates passing objectively verifiable criteria for professionality, compatibility with the Court’s particular ethos and with the general idea of Liberty.
Nominations shall be presented to the President of Liberland, who may Appoint the Judge, or refuse to appoint them.
Article 64: Oath of Office for Judges
Upon appointment, all judges, including judges of non-state courts, shall swear/affirm the following Oath of Office: "I solemnly swear/affirm that I will administer justice equally to the poor and the rich. I will safeguard individual self-ownership and private property. I will faithfully and impartially discharge and perform all the duties incumbent upon me as a judge under the Constitution, the Laws of Liberland, and in the service of the Liberty and self-determination of all human beings everywhere."
Article 65: Judicial Immunity
No judge serving in any court shall be subject to arrest, detention, or any form of punishment by the Government that could impede their regular judicial duties at any time, except under specific conditions as provided herein.
The sole exception to the Judicial Immunity shall apply only when an Order for such arrest, deprivation of liberty, or a Verdict of punishment is issued by the Supreme Court.
Such an Order or Verdict may only be issued under extreme circumstances where the actions of the judge pose a direct threat to the property or liberty of others.
Chapter 4: Supreme Court
Article 66: Establishing the Supreme Court
With the enactment of this Constitution, the Supreme Court is hereby established.
It shall be the responsibility of the Government to undertake all necessary measures to ensure its regular operation.
In the event that the Government does not fulfill this obligation promptly, the Citizens shall initiate the establishment of the Supreme Court directly and without delay.
The Supreme Court shall perpetually exist as long as the Government itself exists.
Article 67: The Justices of the Supreme Court
Section 1: Composition of the Supreme Court
The Supreme Court shall consist of a minimum of three Judges, including one Chief Justice of the Supreme Court, hereinafter referred to as "Chief Justice," and two other Justices of the Supreme Court.
Supreme Court Justices shall be current or former Judges who possess an exemplary professional reputation and moral character.
Section 2: Appointment and Number of Justices
Supreme Court Justices shall be nominated by the Legislative and appointed by the President of the Republic.
The maximum number of Justices serving on the Supreme Court shall not exceed seven.
Section 3: Judicial Panels
The Supreme Court shall conduct its deliberations in panels comprising an odd number of Justices to prevent deadlock in decision, and at minimum of three Supreme Court Justices.
Article 68: Duties of the Supreme Court
The Supreme Court shall hear cases over all matters pertaining to disputes or uncertainties concerning the political system of Liberland.
Specifically, the Supreme Court shall hear all cases regarding: a. The review of legality and constitutional conformity of any political process undertaken by or concerning, in the broadest sense possible, the Senate or the Government or one of their organs; b. A motion made for the declaration of any official of the Senate or the Government as unfit to perform their duties; c. The review of all international treaties proposed by the Government to bind Liberland, with respect to whether or not they are in conformity with the Constitution. d. The resolution of conflicts regarding the applicability between the Constitution and norms of public international law where such conflicts have not been resolved by lower courts through interpretation; e. Other matters which according to the Supreme Court and its binding jurisprudence pertain to disputes and uncertainties concerning the political system of Liberland.
Article 69: Powers of the Supreme Court
The Supreme Court may at will initiate a judiciary process where it deems such action necessary for the pursuit of justice, the protection of private property, or the safeguarding of individual liberty within Liberland.
To this end, the Supreme Court may a. Initiate the examination of the constitutional conformity of any proposal put forward to become a legislative norm, regardless of its form and status; b. Initiate a motion for the declaration of any official of the Senate or the Government as unfit to perform their duties; c. Re-open any case which has been adjudicated by any organ of adjudication in Liberland and where the Verdict gained legal force, and d. Assume jurisdiction over any ongoing or imminent case currently under or slated for review by any judicial organ within Liberland.
Book 4: Legislative Power
Chapter 1: Lawmaking
Article 70: Regulation of Conduct
The Government may enact, amend or remove rights and obligations of individuals solely by this Constitution or by Laws.
Laws shall be legislative instruments issued by the Legislative Branch of the Government, which shall possess the highest legal standing subsequent to the Constitution itself.
Article 71: Laws
The enactment, modification, and repeal of laws shall be solely directed towards preventing violations of or diminishing the probability of breaches of the Non-Aggression Principle.
In the event of any conflict between a law and the Constitution, the provisions set forth in the Constitution shall directly take precedence and override the conflicting law.
Article 72: Legislative Authority
Section 1: Citizens vested with Legislative Authority
The Legislative power of the Government shall be the sole authority in Liberland capable to draft and authorize Laws.
The Legislative Power shall be vested into those amongst the people who demonstrate a sustained commitment to the values and prosperity of Liberland. These individuals shall be accorded the status of Citizens of Liberland.
Section 2: Rights and Limitations
Citizenship confers upon an individual the right to execute their legislative authority directly, without the need to be represented by others.
While executing their legislative authority, Citizens are mandated to conduct such activities in strict adherence to the provisions outlined in this Constitution, as well as any other Laws that may interpret it.
Article 73: Obtaining Citizenship
Section 1: Citizenship Application Process
Citizenship shall be gained by a person accepting upon themselves the duties that citizenship entails in ways prescribed by the Legislative. Upon becoming a Citizen, an Applicant shall swear/affirm the following oath: "I swear/affirm that I will respect the Freedom and the Property of others. I will not take from my fellow citizens and human beings what is rightfully theirs, not by my own hand, nor by a State or by any other powers. I will follow the Constitution of Liberland and its Law and bear true allegiance to the Nation. I will live and let others live, in the spirit of true Liberty [optional, so help me God]."
Article 74: General Regulatory Authority
The Legislative Power but also other powers of the Government are authorized to issue legislative instruments lower in authority than Laws.
Instruments possessing a lower authority than Laws are authorized to: a) Interpret the rights and obligations set up in Laws, provided that such interpretations are i. necessary for the upholding of the Non-Aggression Principle ii. confined to the scope of the relevant Law and legal provision that is being interpreted, iii. conform to the intention and text of the law and this Constitution, and iv. explicitly reference specific legal provisions; or b) Establish rights and obligations which are solely applicable upon persons actively serving the Government within the Government's organizational hierarchy.
Chapter 2: Institutions of Legislative Power
Article 75: Referendum
Section 1: General Legislative Instrument
The adoption, amendment, or repeal of laws, shall exclusively occur through a Referendum process. No alternative methods for undertaking these legislative actions shall be permitted.
Additionally, the Referendum may also adopt, amend or repeal other, lesser legislative instruments and also make any other Decisions while these conform with the Law and this Constitution.
Section 2: Referendum Law
The Government shall adopt a Referendum Law setting up clear and reasonable rules for organizing the Referendum and for the adoption and rejection of proposals.
The Referendum Law may prescribe additional eligibility requirements beyond mere citizenship for participation in Referenda provided these are fair and transparent. It may also introduce a system of voting tokens for citizens, which shall be distributed in a manner that is both transparent and predictable.
Article 76: Legislative Initiative
Any Citizen shall have the right to propose legislative bills within the constraints of this Constitution.
Citizens shall submit legislative bills to the Referendum according to the process outlined in the Referendum Law so that the Citizens may decide whether to adopt or reject it.
Article 77: Passing Laws
Bills for Laws shall be passed by a majority of at least 50 percent of votes cast plus one vote.
The specific voting requirements shall be set out in the Referendum Law.
Article 78: Public Veto
Where Referendum rules stipulate inequality of votes between citizens, the Referendum Law shall enable a special form of Referendum called the Public Veto, where each citizen shall have one vote, and none shall be excluded from the vote.
Public Veto shall serve to repeal Laws and other Regulations and to dismiss Judges, the President, the Vice-Presidents, or other officials as the Law stipulates.
Article 79: Dismissal
Section 1: Scope of Dismissal
Citizens shall have the right to dismiss, by means of a Referendum, any official, employee, contractor, or volunteer serving the Senate or the Government.
This right extends to individuals occupying any elected or appointed positions, including but not limited to, the highest government officials, Supreme Court Justices, judges, clerks, and external contractors.
Section 2: Consequences of Dismissal
The successful invocation of this power through a Referendum shall result in the immediate and irrevocable termination of the dismissed individual’s tenure. Upon dismissal, the individual shall immediately lose all powers and authorities granted either by this Constitution or any other legislation, with no entitlement to compensation.
A dismissed Senator shall not lose their share, but shall be required to pass the share to another person of their choosing.
Chapter 3: Representation of Citizens
Article 80: Representative Bodies
Liberland shall have the authority to establish representative bodies, provided that these entities uphold complete accountability and subservience to the Citizens and to the mechanisms of direct decision-making instituted within Liberland.
Participation in any representative system within Liberland is to be entirely voluntary for all Citizens.
Under no circumstances shall participation in representative systems be imposed as a prerequisite for a Citizen to exercise their direct legislative powers.
Article 81: Congress
The supreme body of representation in Liberland will be the Congress of Liberland, henceforth “Congress”, an assembly of directly voted representatives of the people.
The Legislative shall adopt a Congress Law governing the voting and the order of proceedings in Congress.
Where the Law remains silent, Congress shall make its decisions by a simple majority vote where each Member of Congress shall have equal voting rights.
Article 82: Election of Congress
Citizens shall choose from amongst themselves members of Congress to represent them for the next Election Term.
Rules of the Elections, including but not limited to Election Term length shall be defined in the Congress Law. Election Terms shall not be shorter than one month and not longer than one year.
Where the Congress Law stays silent, Election Term shall be ninety days.
Article 83: Members of Congress
The Congress Law shall set the number of the Members of Congress according to the number of Citizens resident in Liberland. There shall be no fewer than seven Members of Congress and no more than two hundred and one.
Members of Congress shall take the following Oath of Office upon election: "I solemnly swear/affirm that I will faithfully execute the Office of a Member of the Congress and will to the best of my ability preserve, protect, and defend the Constitution of the Republic of Liberland."
Chapter 4: Powers of Congress
Article 84: Proposing Legislation
Section 1: Shared Legislative Initiative
The primary duty of Congress shall be the drafting and proposal of legislation. This encompasses the creation of laws, regulations, and decisions that originate within Congress.
Legislative initiatives proposed by Congress shall be subject to a streamlined approval process, especially when compared to those initiated through popular demand. This facilitated pathway shall apply to referendums on proposed legislation.
Section 2: Exclusive Legislative Initiative
In addition, Congress shall be the sole organ capable of proposing the following legislative instruments for the Referendum: i. ratification of the most important international treaties or international instruments, and ii. amendments to the Constitution,
As such, Citizens shall not possess the Legislative Initiative regarding those types of instruments.
Section 3: Congress and the Referendum Law
The Referendum Law shall detail the procedural aspects and requirements for Congress to propose legislation.
Article 85: International Treaty Ratification
International treaties or international instruments which the Government proposes to adopt shall be given to Congress to evaluate whether ratification by Referendum is required, with a reasoned out recommendation proposing the Congress response.
The Congress shall propose for the Referendum international treaties or other international instruments which propose to: a) set up, remove or amend rights and duties of persons, b) constitute, terminate or otherwise affect Liberland's membership in international organizations, c) concern matters of defense and war and peace, or d) have a widespread economic impact.
Where an international treaty or instrument does not exhibit the characteristics outlined above but is deemed by Congress to pose a considerable threat to liberty either within Liberland or globally, Congress may propose such treaties or instruments for ratification via Referendum.
Article 86: Amending the Constitution
Where there is no other way to achieve a sufficient level of protection for the individual and their property rights, under extraordinary circumstances, Congress may propose a Referendum to update this Constitution by means of a Constitutional Amendment.
The Constitutional Amendment shall be the only way to change the Constitution, and the sole purpose of a Constitutional Amendment shall be to make a change in the Constitution.
Bills proposed as Constitutional Amendments but materially not seeking to amend the Constitution or bills proposed as other than Constitutional Amendments seeking to amend the Constitution shall be null and void.
Passing a Bill in a Referendum concerning a Constitutional Amendment shall require a double supermajority of no less than a â…” majority of voters and also no less than â…” of their votes.
Article 87: Delegation
Congress shall enable Citizens to delegate their votes to their chosen Members of Congress if they wish to do so.
The delegating Citizen shall always retain the right and ability to revoke their delegation at will.
Article 88: Cancelling Referenda
Section 1: Authority to Cancel Referenda
The Congress shall, by a vote of a two-thirds majority, have the power to cancel any Referendum it should deem as a) frivolous, b) malicious, c) going against the purposes of Liberland, including being qualitatively clearly sub-standard or missing required formalities, or d) where the proposal is likely aimed at or is likely to have as one of its results limitation of individual liberty.
Section 2: Procedure and Requirements for Exercising Cancellation
Any exercise of the Cancellation power by the Congress must be supported by a reasoned argument and must result from informed debate. The Senate must issue substantiated, binding recommendations that explicitly state the reasons which came out of this debate.
The reasoned opinion of the Congress, supporting the Cancellation, shall be made public and forwarded to the regulation's issuing body as binding recommendations aimed at improving the regulation.
Section 3: Limitations on the Cancellation Power
The Congress shall abstain from exercising its Cancellation power on any Referendum that has been re-enacted in accordance with the Senate’s previous recommendations, reflecting the Senate's advisement on enhancements.
Article 89: Nominating Supreme Court Justices
Section 1: Nomination Process
Congress shall either nominate or decline to nominate individuals to the Supreme Court as proposed by the Executive for such nominations.
All approved nominations shall subsequently be forwarded to the President for official appointment.
Section 2: Timeliness and Citizen Involvement
The processes of nomination and appointment as described in this Article must be conducted promptly.
In the event of delays in the nomination or appointment processes, the Citizens shall undertake the responsibilities of the delaying governmental organs. Should the citizens refrain from taking action, the general populace shall be empowered to assume the same responsibilities.
Article 90: Controlling the Executive
Whenever the head of the Executive's seat is vacant, Congress shall without delay appoint a new head from among Members of Congress.
The term of appointment for the head of the Executive shall be five years, subject to earlier termination by Congress through a dismissal vote that equals or exceeds the majority required for the appointment.
Additionally, Congress shall have the power to dismiss any individual members of any organ of the Executive, including its highest governing body. Where Congress doesn’t appoint the head of the Executive without delay, this power shall fall on the Citizens in the Referendum and in that case, they can appoint any Citizen.
Book 5: Executive Power
Chapter 1 Limits on the Executive
Article 91: Governance
The Executive shall consist of proven experts in the fields required for the managing of the day-to-day affairs of Liberland governance.
It shall apply Laws and other Regulations and any other measures necessary to protect property and secure the regular application of the Non-Aggression Principle.
Article 92: Mandate of the Executive
The Executive shall: a) Manage routine State operations; b) Draft legislative bills for Laws and, at times, for other instruments; c) Safeguard and enhance Liberland's interests globally; d) Ratify International Treaties not requiring Congressional approval; e) Facilitate commercial activities for Liberland, including marketplace organization, goods trading, state project tendering, and broad free-market operations; f) Issue, possess, and utilize currencies within the constraints of this Constitution; g) Preserve State and individual assets and manage associated profits or unavoidable losses; h) Establish Regulations, termed Decrees, under the powers explicitly sanctioned by Law; i) Nominate Judges, including Justices of the Supreme Court; j) Manage the State Treasury, encompassing all government financial accounts; k) Nominate the General Prosecutor and other Prosecutors; and l) Oversee all Agents within the Executive Branch of the Administration.
Article 93: Enforcement
Section 1: Judicial Enforcement and Executive Compliance
The Judiciary shall, through the Executive, enforce compliance with this Constitution, Laws, and Regulations, as well as with Judiciary decisions.;
The Executive shall only use coercive measures where no other means should clearly suffice. Non-lethal instruments shall be preferred over the use of lethal ones wherever possible.
Section 2: Legislative Oversight and Enforcement Agencies
The Legislative shall designate specific governmental organizations tasked with enforcement and shall set the rules and limits for enforcement.
It shall ensure that as few Agents as possible and only those for whom it is absolutely necessary should bear this power.
Article 94: Use of Arms
The Government shall only use, acquire, own, possess or equip its Agents with weapons and other defensive and offensive equipment which Persons who habitually and lawfully dwell in 2. 2. Liberland might use privately and without restrictions to effect self-defense or collective defense.
Article 95: Regulatory Authority of the Executive
The Executive is empowered to develop auxiliary rules that expand upon the provisions established in the Laws, provided that such rules do not exceed the authority of the Constitution or the Laws.
The Executive is authorized to adopt only those types of regulations that are explicitly granted by this Constitution. It shall only legislate where it is empowered to do so by the law.
The Executive shall promulgate Regulations to a) Clearly define obligations and rights based on Laws; b) Ensure consistent and predictable application of Laws; and c) Govern the internal operations of the Administration.
Article 96: Organs of the Executive
The Executive Branch shall be organized hierarchically under the Cabinet, which is the supreme governing body of the Executive. The Cabinet shall be accountable to Congress.
All offices, personnel, contractors, volunteers, and any other individuals engaged in service to the Executive, hereafter referred to as "Agents," shall report directly or indirectly to the Cabinet.
Chapter 2: Organisation of the Executive
Article 97: The Prime Minister
The Cabinet shall be established and directed by the Prime Minister, who shall serve as the Head of the Cabinet, the head of the Executive, and the head of the Government.
Article 98: The Four Ministers
Section 1: Composition of the Cabinet
In addition to the Prime Minister, the Cabinet shall consist of four Ministers, each being the head of a respective Ministry.
Section 2: Qualifications and Appointment of Ministers
Each Minister must be a proven expert in the field relevant to their Ministry. Appointments based purely on political considerations, without the requisite expertise, shall be null and void.
The loss of expert credibility during a Minister's tenure shall result in the immediate termination of their ministerial position.
Disputes over the expertise qualifications of a Minister shall fall under the jurisdiction of the Supreme Court.
Section 3: Appointment and Tenure of Ministers
The Prime Minister is required to promptly appoint a new Minister whenever a vacancy arises. Each Ministerial appointment shall carry a term of five years.
The Prime Minister may dismiss a Minister at any time, provided that truthful reasons for the dismissal are disclosed. This authority extends to dismissing Ministers who were appointed by a predecessor.
Article 99: Limitation of Concurrent Holding of Offices
Cabinet Members can be currently active Congressmen and Senators or experts from outside of the current Government.
The Prime Minister is typically an active member of Congress at the time of their appointment. However, loss of a congressional seat subsequent to appointment does not necessitate forfeiture of the office of Prime Minister.
Cabinet Members can’t be active Judges with the exception of the Prime Minister, who can simultaneously serve as the Chief Justice of the Supreme Court.
Chapter 3: Executive Organs
Article 100: Ministries
The following Ministries shall be established: a) Ministry of Finance, tasked with implementing prudent financial strategies and maintaining a State budget surplus. b) Ministry of Foreign Affairs, responsible for fostering cordial relations with other nations; c) Ministry of Interior, entrusted with maintaining domestic order and promoting individual happiness, health, and prosperity; and d) Ministry of Justice, charged with preserving and advancing the legal system to uphold individual liberty, property rights, and safeguard fundamental rights. It shall support the 2. 2. Judiciary to ensure its independence, fairness, professionalism, and efficiency.
All other executive organs, henceforth “Agencies,” shall be subordinate to exactly one Ministry, whether directly or indirectly through intermittent Agencies.
Article 101: Other Executive Organs
Agencies within the Executive branch may only be established by law and shall be distinctly defined based on the following criteria: a) The specific purview of the agency, which must be unique and not overlap with the purview of any existing agencies; b) The unique powers granted to the agency, ensuring that these powers do not exactly duplicate those of other agencies; c) Who the leading organ or organs of the Agency is and what is its governance system;
The agency's position within the executive hierarchy, including the identification of the Ministry to which the agency is subservient.
Article 102: Authority to Issue Regulations
Section 1: General Provisions
All Agencies within the executive branch, also including but not limited to the Cabinet and its Ministries, are authorized to propose regulations relevant to their respective domains.
The adoption of regulations proposed by an Agency shall be conducted by the Ministry that directly oversees the Agency, or by the Cabinet, depending on the nature of the regulation.
Section 2: Scope of Regulatory Authority
Agencies may only propose regulations where at least a substantive part of the subject-matter concerning matters falls within their designated purview.
While this is respected, agencies may also include proposals for regulating matters outside their purview within the same regulatory submission.
Section 3: Issuance of Regulations
When the subject matter of a regulation falls exclusively within the jurisdiction of a single Ministry, such regulation shall be issued by that Ministry. These regulations shall be termed “Edicts”.
Regulations pertaining to broader executive functions or crossing multiple domains and generally concerning purviews of at least two Ministries shall be issued by the Cabinet. Cabinet-issued regulations shall be termed “Decrees”.
Book 6: Guardians of the Republic
Chapter 1: The Senate
Article 103: The Senate
Section 1: Composition and Membership
The Senate of the Republic of Liberland, herein referred to as "the Senate," shall be constituted by citizens who hold shares in the fund of all staked undistributed LLM, the Sovereign Fund of the Republic of Liberland. These citizens shall be known as Senators.
Section 2: Mandate of the Senate
The Senate is tasked with the oversight of national affairs and the stewardship of the nation’s fiscal reserves.
Section 3: Constitutional Responsibility
The Senate shall ensure the regular application of this Constitution throughout the nation, adhering to its principles and the ideals of classical liberalism, both in letter and in spirit.
In its operations, the Senate shall uphold the fundamental rights and freedoms recognized by the Government of Liberland.
Article 104: Senatorial Financial Benefits
The role of a Senator shall generally be an unpaid position. This provision also applies to any roles that require the incumbent to be a Senator.
As the only exception from this rule, Senators are entitled to receive additional benefits from fiscal reserves of the State.
These benefits shall be proportional to their respective shares in the Senate and are in addition to any regular benefits they receive as citizens of Liberland.
Article 105: Senate Cancellation
The Senate shall possess the authority to cancel any ongoing Referendum prior to the announcement of its final results, provided that the Senate determines such regulation's continued validity to be contrary to the best interests of Liberland.
Any exercise of the Cancellation power by the Senate must be supported by a reasoned argument and must result from informed debate.
Article 106: Senate Veto
The Senate shall possess the authority to nullify the legal effect of any regulation that is not a Law, or any part thereof, provided that the Senate determines such regulation's continued validity to be contrary to the best interests of Liberland.
Any exercise of Veto power by the Senate must be supported by a reasoned argument and must result from informed debate.
Article 107: Senate Dismissal
Section 1: Scope of Dismissal
The Senate shall have the right to dismiss any official, employee, contractor, or volunteer serving the Senate or the Government.
This right extends to individuals occupying any elected or appointed positions, including but not limited to, the highest government officials, Supreme Court Justices, judges, clerks, and external contractors.
Section 2: Consequences of Dismissal
The consequences of the Senate Dismissal shall be the same as the consequences of the popular Dismissal.
Article 108: Fiscal Trusteeship
The Senate shall be the custodian of Liberland's treasury and financial reserves, whether liquid or otherwise, with the authority to halt any disbursement from these resources, citing the reasons for such refusal.
Any State or Government budgets must be sent to senate with at least five days for the Senate to issue an objection with binding recommendations.
The Senate shall not halt the disbursement or budgets again once their binding recommendations are fulfilled.
Article 109: Self-Governance of the Senate
The Senate shall manage its own affairs and shall promptly enact the Senate's Proceedings Guide, a Regulation with the force of Law binding on the Senate and every organ the Senate should create or manage in future. This Regulation shall define the Senate's decision-making process and operations.
Article 110: Senate Oversight
Section 1: Participation in Proceedings
The Senate and any individual Senator including also the President and the Vice-Presidents, shall have the right to participate in discussions concerning any proceedings of any organ mentioned in this Constitution. They shall also have the right to observe such proceedings.
This right likewise extends to Court proceedings held behind closed doors for any reason.
Section 2: Access to Information
Senators shall have unrestricted access to all information processed or filed by the Government at all times.
No Government-held document shall ever be classified or restricted in any way for any member of the Senate.
Chapter 2: Head of State
Article 111: President
Pursuant to the wisdom that an owner tends to keep the affairs of their Property in better order than a hireling would, and following the customs common amongst nations, there shall be one President to fulfill the role of the Head of State in Liberland.
Article 112: Election of the President
Section 1: Presidential election Process
To ensure that the President shall always be amongst those who have the most to lose should ill fortune befall the land and the most to gain with her prosperity, the Senators shall elect the President from among the foremost of their members.
Section 2: Presidential Oath
The President shall swear/affirm the following to the Senate and the People of Liberland: "I do solemnly swear/affirm that I will faithfully execute the Office of the President and will to the best of my ability, preserve, protect, and defend the Constitution of the Free Republic of Liberland. I will treat all that occurs in Liberland as if it happened to my estate and will do my utmost to leave a more prosperous and happy country to my successor."
Article 113: Presidential Term of Office
Section 1: Duration and Limitations of Presidential Term
The President shall be elected for a term of five years.
The presidential term may be extended beyond the initial five years only once, subject to re-election.
Section 2: Eligibility for Additional Terms
An individual who has already served two terms as President may become eligible for election to a third or fourth term only after a period of at least five years during which they have not held the office of the President and during which someone else held the office for at least twenty-four months.
Article 114: Vice Presidents
Section 1: Appointment of Vice Presidents
The President shall appoint two Senators to be First and Second Vice Presidents. The President may replace a Vice President at will, without citing reasons.
Section 2: Vice Presidential Oath
The Vice Presidents will, upon being selected, swear/affirm their oath: "I solemnly swear/affirm that I will faithfully execute the Office of the Vice President and will to the best of my ability, preserve, protect, and defend the Constitution of the Free Republic of Liberland."
Article 115: Resignation upon Assuming Public Office
The President and the Vice Presidents shall resign their office of the President upon being voted into a public office or becoming an Agent of the Government in any capacity.
Article 116: Dismissal and Succession of the Presidency
In the event that the President is deemed permanently unable to perform the duties of office due to objective health reasons or personal circumstances, the Senate shall petition the Supreme Court for the President’s dismissal.
Where the disability is only temporary, the First Vice-President shall assume the President’s duties. Where the First Vice-President becomes disabled during the time of the President’s temporary disability, the Second Vice-President shall assume the duties of both.
Upon the death of the President, the Senate shall promptly convene to elect a new President.
Article 117: Regular Powers of the President
Under normal government operations, the President shall possess the authority to: a) Represent Liberland internationally, which includes, but is not limited to, negotiating and signing international treaties; b) Bestow honors and awards upon individuals who have significantly contributed to Liberland or the promotion of liberty globally; c) Appoint or reject the appointment of senior Elected Officials, including but not limited to all judges and Supreme Court Justices, and the most senior Agents; and d) Preside over the Senate and cast the deciding vote in the event of a tie, or as stipulated by the Senate's Proceedings Guide;
Article 118: Emergency Powers of the President
Section 1: Final Decree of the Senate
In circumstances where the Government faces a dire crisis threatening the survival of the state or a significant number of its people or the libertarian character of the Government or State is in serious and present jeopardy, and the normal operation of the Government is clearly insufficient to resolve the crisis, the Senate may propose a special referendum to grant the President emergency powers. This referendum must secure 65 percent of all possible votes to be deemed successful.
If approved, the President shall assume all the powers of the Prime Minister for a duration of one month, with additional authority to issue temporary Orders that have the force of law upon issuance, without the need to pass through a Referendum.
The Senate shall cease all its operations during the duration of the Emergency Powers.
Section 2: Duration and Termination of Emergency Powers
Seven days before the expiration of the emergency powers, a subsequent referendum shall be conducted under identical conditions to the initial referendum to determine whether to extend the emergency powers.
If such a referendum does not yield a positive result before the termination date, for whichever reasons, the Final Decree of the Senate loses its legal force and the Emergency Powers shall cease automatically upon the termination date.
The same shall be the consequence of end of the current President’s tenure if it occurs during the emergency period, for whatever reasons.
Upon termination of the Emergency Powers, the following shall transpire: a) The Prime Minister from before the crisis shall re-assume their office, b) The Minsiters who had been Ministers before shall again become Ministers, c) All Presidential Orders shall all immediately and irrevocably lose their legal force. d) The Senate shall resume its operation and the President shall immediately resign. The same President may be subsequently elected again, unless this Constitution prevents this.
Section 3: Emergency Powers in a Military Crisis
In cases requiring swift action by the Territorial Defence Forces, the Senate may vote to permit the President to lead the Liberland Defence Forces without confirmation by the Vice Presidents.
This authority may be granted concurrently with the Final Decree of the Senate but is not dependent on such issuance.
Section 4: Role of Vice Presidents
Should a Vice President assume the duties of the President, they shall exercise the powers described in this Article as they would any other presidential powers.
Article 119: Confirmation by a Vice-President
Decisions made by the President, including those taken during the assumption of Emergency Powers, are subject to confirmation by at least one of the Vice Presidents, without which they shall be considered invalid.
The President is not required to seek confirmation from the Vice Presidents for actions related to their deciding vote in the Senate, international representation and the bestowment of honors and awards, as these duties inherently pertain to the function of the Head of State.
Book 7: Amendments and Final Provisions
Chapter 1: Amendments
Article 120: Amendments
All Constitutional Amendments that add new provisions to the Constitution shall be published in this Book and Chapter of the Constitution, in a way in which are mentioned: a) the date of the Constitutional Amendment’s passage b) the date the Constitutional Amendment gained legal force, c) the order of acceptance; and d) the form of their passage.
Article 121: Core Provisions of the Constitution
No Amendment shall take away from the Principles of Book One or from the Individual Rights enumerated in this Constitution. Book 2 shall not be changed by Amendment to increase State powers or scope.
Chapter 2: Constitutional Convention
Article 122 Constitutional Convention
Section 1: Method for Constitutional Amendments
The exclusive method for amending any Book of this Constitution, including alterations to the fundamental principles that underpin Liberland or repealing or completely replacing the Constitution, shall be conducted solely through a Constitutional Convention.
Section 2: Composition and Purpose of the Constitutional Convention
The Constitutional Convention shall be an ad hoc body, constituted of experts in legislative drafting, law, and other relevant fields.
This body shall be convened from time to time by the established entities within Liberland’s political system.
Article 123: Powers of the Constitutinal Convention
The Constitutional Convention is authorized to draft proposals for Constitutional Amendments. These proposals may pertain to any Book or topic, including revisions to the basic principles of Liberland.
Article 124: Calling the Constitutional Convention
Section 1: Proposal for Constitutional Convention
The Congress may initiate a proposal for a Constitutional Convention through a motion passed by a two-thirds majority vote.
If the proposal is subsequently seconded by both the Senate and the President, the motion shall progress to a regular Constitutional Amendment referendum.
Section 2: Commencement of Constitutional Convention
A Constitutional Convention shall be convened in the Election Term immediately following the Election Term during which the proposal for the Convention is adopted.
The initial proposal must specify the duration of the Constitutional Convention, which shall not exceed one and a half years.
Article 125: Constitutional Convention Delegates
Section 1: Composition of Delegates
Upon the adoption of a proposal for a Constitutional Convention, the Government, the Senate, and the President shall each nominate two experts specialized in law, legislation, jurisprudence, or other relevant disciplines.
The Minister of Justice in office at the time the Constitutional Convention begins shall serve as the final delegate. If the position of Minister of Justice is vacant, the first appointee to this position after the commencement of the Constitutional Convention shall serve as delegate.
The role of a delegate is retained even if the individual ceases to hold the position of Minister of Justice.
Section 2: Rights and Responsibilities of Delegates
Each delegate shall possess an equal voice in the proceedings of the Constitutional Convention.
Section 3: Dismissal and Replacement of Delegates
Delegates to the Constitutional Convention are subject to all forms of dismissal as stipulated by this Constitution.
In the event of dismissal, the delegate's appointing body must nominate a replacement who is an eligible expert, without any delay.
Article 126: Constitutional Convention Proposals
Section 1: Proposal Drafting
The Constitutional Convention shall have the authority to draft proposals by a simple majority vote.
These proposals shall be presented for consideration in a Constitutional Amendment Referendum, in accordance with the procedures established by this Constitution and relevant laws for this type of Referendum.
Section 2: Referendum and Adoption of Proposals
Proposals that receive approval in the Constitutional Amendment Referendum shall be incorporated into this Constitution as amendments, just as any other Constitutional Amendment.
Section 3: Timing and Number of Proposals
The Constitutional Convention is permitted to propose multiple amendments during the course of its operation, even such as are completely unconnected in subject matter to each other.
The final proposal must be made no later than the concluding day of the Constitutional Convention.
The Constitutional Amendment Referenda for proposals submitted during the Constitutional Convention’s tenure may continue or even start even after the closure of the Constitutional Convention.
Chapter 3 Final Provisions
Article 127: Passage of this Constitution
The Constitution has been submitted to the Congress by the Provisional Government on
This Constitution has been made into a Referendum proposal by the Congress on ...
This Constitution has been adopted by the Referendum ...
Article 128: Legal Force
This Constitution gains legal force on … .
Last updated