Constitution of the Republic of Liberland

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Historical document of the Republic of Liberland

Transcript of Constitution of the Republic of Liberland

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Declaration of Recognition

We, the free citizens of the World, having liberty at heart, being directed by the ever-lasting

beacon of freedom, hereby solemnly recognise the Republic of Liberland as an independent

and sovereign state, entitled to take its rightful place among the other peaceful Nations of

the International Community. We declare the Republic of Liberland to be the refuge for all

people seeking liberty worldwide, guaranteeing both personal and economic freedom and

the right to take responsibility for one’s life. We hereby pledge to be always guided by the

holy tradition of the rule of law, equality in the eyes of law and the respect for the cultural

and religious diversity.

Let the fire of freedom burn for the generations to come.

Free People everywhere

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Constitution

We the Citizens of the Republic of Liberland, in order to establish justice, insure domestic

tranquility, provide for the common defense, and secure the blessings of liberty to ourselves

and future generations, do ordain and establish the Constitution of the Republic of Liberland,

hereinafter “the Consitutition”, as its supreme law, deriving its just authority from the law of

nature and the consent of the governed. Hereby the Republic of Liberland shall be governed

by the Public Administration exercising the legislative, executive and judiciary power.

Article I: The Legislative Power

§1. The legislative power of the Republic of Liberland shall be vested in the Assembly of the

Republic of Liberland, hereinafter “the Assembly”.

§2. The Assembly shall consist of 300 Assembly Representatives elected in the General

Election held every 5 years.

§3. The power to initiate the ordinary legislative procedure shall be lie with no fewer than

100 Assembly Representatives.

§4. An ordinary Bill shall be passed into law (Act) with the majority of no fewer than 200

votes of the Assembly Representatives.

§5. The Financial Bill containing the provisions for the Annual Budget shall only be initiated

by the Cabinet and shall be passed with the majority of no fewer than 151 votes.

§6. The Financial Bill shall not consist of the Annual Budged providing for deficit.

§5. The power to initiate the constitutional legislative procedure in order to amend the

Constitution shall be lie with 200 Assembly Representatives.

§6. A Constitutional Amendment shall be passed with the majority of no fewer than 250

votes of the Assembly Representatives.

§7. The Assembly shall regulate its own affairs, determine its own rules of procedure, and

choose its own officers, including the Assembly Speaker who shall preside over the assizes,

in accordance with the majority of no fewer than 151 votes.

§8. The Assembly shall elect the Chancellor of the Republic of Liberland, hereinafter, “the

Chancellor”, who will form the Cabinet of the Republic of Liberland, hereinafter “the

Cabinet”, with the majority of the no fewer than 151 votes.

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§9. The Assembly shall have the power to impeach or change the Chancellor along with his

Cabinet, or a single Member of the Cabinet by passing the Motion of no confidence with the

majority of no fewer than 151 votes.

§10. The areas of competence of the Assembly shall be restricted to the following

provisions:

­ to protect the rights of the people to their persons and property;

­ to conduct the financial affairs of the Public Administration;

­ to lay and collect indirect taxes for the purpose of paying the debts, providing for the

common defense, covering the expenses of the Public Administration, maintaining the

internal security and providing for the Administration of Justice;

­ to declare war in defense of the Republic of Liberland, and to make peace, and to raise

and support a military force to that end;

­ to provide for calling forth a militia to maintain the internal security;

­ to vest the appointment of such officers whose appointments are not herein otherwise

provided for;

­ to make such laws as shall be necessary for carrying into execution the powers vested by

this Constitution in the Assembly provided that no law imposing greater restrictions on

the people than needed for the attainment of this end shall be regarded as necessary.

Article II: The Executive Power

§1. The Executive Power of the Republic of Liberland shall be vested in the Cabinet.

§2. The Cabinet shall be formed and presided over by the Chancellor.

§3. The Chancellor, on behalf of the Cabinet, shall once a year publicly give to the Assembly

information of the State of the Republic, and recommend to their consideration such

measures as the Cabinet shall judge necessary and expedient.

§4. The powers of the Chancellor and the Cabinet shall be restricted to the following:

­ to run day-to-day state affairs;

­ to prepare the Financial Bill containing the Annual Budget;

­ to be Commander in Chief of the military, once the state of war is declared by the

Assembly;

­ to appoint Ambassadors and to receive Amobassadors

­ to make treaties by and with the advice and consent of no fewer of 200 votes of the

Assembly Representatives

§5. The Cabinet shall consist of the following Departments:

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­ Department of Justice

­ Department Internal Affairs

­ Department of Security

­ Department of Foreign Affairs

­ Department of Treasury

§6. Departments shall be led by the Secretaries of State who will be answerable for their

policies before the Chancellor and legally responsible before the Assembly.

§6. It shall be the duty of the Cabinet to refuse to execute any laws in conflict with the

Constitution.

Article III: The Judicial Power

§1. The Judiciary power of the Republic of Liberland shall be vested in the Courts of the

Republic of Liberland.

§2. The judges of the Courts of the Republic of Liberland shall not be removable by any

branch of the Public Administration.

§3. The Supreme Court shall be composed of 5 judges appointed by the Chancellor for life

and shall reach its decisions by majority.

§4. The Supreme Court shall hear appeals from the Civil and Criminal Courts on the point of

law where such an appeal was permitted by it.

§5. The criminal offences shall be prosecuted by the Office of the Prosecutor on behalf of

the citizens of the Republic of Liberland.

§6. The Criminal Offences shall be tried in the Criminal Court before a panel of 3 judges with

the panel of the Jury composed of 12 citizens of the Republic of Liberland to give the verdict

of guilty or not guilty.

§7. In criminal cases, the defendant shall have the right to a speedy and public trial.

§8. In criminal cases, the defendant shall have the right to trial by an impartial jury

composed of 12 citizens.

§9. In criminal cases, the defendant shall have the right to be informed of criminal charges.

§10. In criminal cases, the defendant shall have the right to confront witnesses and to

compel witnesses to appear in court.

§11. In criminal cases, the defendant shall have the right to assistance of legal counsel.

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§12. No person shall be convicted, sentenced, or imprisoned without due process of law,

including the right to trial by jury and habeas corpus, and there shall be no detention

without trial, nor shall any person either before or after trial be held incommunicado.

§13. An accused person shall be assumed innocent until proven guilty.

§14. A person who has been arrested, detained, imprisoned, tried, or sentenced either

illegally or in error shall receive restitution.

§15. An accused who does not speak the language in which the proceedings are conducted

shall be provided without expense the services of an interpreter.

§16. No person shall be subject for the same offence to be twice put in jeopardy of penalty;

§17. No person shall be compelled in any criminal case to be a witness against him or

herself,

§18. Where illegally obtained evidence is judged to be admissible in court, those who

obtained it remain subject to criminal prosecution.

§19. Excessive bail shall not be required, nor excessive fines imposed, nor torture or other

cruel, unusual, or degrading treatment inflicted.

§20. Convicted criminals shall not have their liberty restricted except so far as is necessary

for the protection of others, nor their property seized except so far as is necessary to make

restitution to the victim and to pay the costs of the criminal's capture and trial.

§21. The civil wrongs shall be adjudicated in the Civil Court by a panel of 3 judges.

§22. It shall be the duty of Judiciary to strike down as void and unlawful any laws in conflict

with the Constitution.

Bill of Rights

Bill of Rights shall constitute the integral part of the Constitution and shall be binding upon

all branches of the Public Administration. The following rights shall apply to all persons

regardless of citizenship or residency.

1. The laws of the Republic of Liberland shall apply equally to all persons regardless of

gender, ethnicity, opinions, religion, national origin, or peaceful lifestyle.

2. No law shall abridge the right of each person to do as he or she chooses with his or her

own person and property, so long as he or she does not interfere, by force or fraud (or

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the threat thereof), with the equal right of others to do as they choose with their own

persons and property.

3. No law shall abridge the right of persons to the peaceful control of their own bodies, nor

interfere with voluntary consensual or contractual relations among persons, or the right

to form cooperative ventures of any kind.

4. No law shall invade the privacy of peaceful persons by unreasonable searches and

seizures, and no Warrants shall issue, but upon probable cause, supported by

appropriate order, and particularly describing the place to be searched, and the persons

or things to be seized.

5. No law shall allow for the private property be fully or partially taken for public use

without the consent of, and mutually agreeable compensation to, the owner.

6. No law shall create a class of victimless or consensual crimes.

7. No law shall abridge the right of freedom of association; any person may associate or

transact with any other person or refuse to associate or transact with any other person

for any reason, and the proprietor or lawful possessor of any movable or immovable

property may exclude or refuse admission to any other person.

8. No law shall abridge the freedom of thought and feeling, or their peaceful expression or

dissemination, as in speech, press and other media, artistic depiction, or religious

practice; nor shall any law be made to promote or hinder religion, artistic culture,

scientific research, or communication;

9. No law shall abridge the right of the people peaceably to assemble.

10. No law shall countenance the existence of slavery, conscription, indenture, or any other

form of involuntary servitude within the Republic of Liberland, or in any place subject to

its jurisdiction.

11. No law shall restrict or hamper the free and peaceful movement of persons, goods, or

ideas within or across the borders of the Republic of Liberland;

12. No law shall abridge the right of any person to use or issue any commodity or item as

currency; nor shall the Public Administration of the Republic of Liberland engage in

monetary regulation or issue of any sort.

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13. No law shall abridge the right of self-defense by victims or their agents against initiators

of aggression (including governments or their agents), including the right, to own,

manufacture, sell, and bear arms;

14. No person shall be convicted for violating Public Administration secrecy classifications if

the classification proves or could be reasonably believed to be proving that any member

of any branch of the Public Administration breached, breaches or intends to breach the

law.

15. The enumeration in this Constitution of certain rights shall not be construed to deny or

disparage others retained by the citizens and residents of the Republic of Liberland.

16. The powers not delegated to the Public Administration by this Constitution, shall not be

exercised by it.

17. The citizens of the Republic of Liberland shall have the access to the public information

which is not classified. Public information is information which relates to any aspect of

functioning any body of any branch of the Public Administration and no such

information shall be classified unless it is absolutely necessary for the purposes of

national security.

18. No ex post facto law shall be passed.

19. No Bill of Attainder law shall be passed.

Author: Kacper Zajac ([email protected])