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Constitution of the Free Republic of Liberland

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Foundational Document

Constitution of the Free Republic of Liberland

Read the constitutional text article by article, with expandable notes attached to specific clauses and broader drafting notes collected at the end.

Opening

Preamble

We, the people of Liberland, establish this Constitution to secure liberty, protect life and property, limit public power, preserve equal justice, and provide for peaceful self-government.

Article 1

Article 1: Definitions and Principles

1.

In this Constitution:

a.

"Law" means a general rule adopted through constitutional procedures and publicly promulgated before enforcement.

b.

"Person" means every human being.

c.

"Property" means lawfully acquired tangible or intangible things, claims, and interests capable of private ownership, but does not include public office or powers of government.

d.

"Public authority" means any office, institution, agent, or body exercising power under color of law.

e.

"Citizen" means a person recognized as such under law consistent with this Constitution.

2.

All public authority originates from the people and is limited by this Constitution.

3.

No public authority may exercise a power not granted by this Constitution or by law made under it.

4.

This Constitution shall be interpreted to preserve liberty, restrain coercion, and protect the equal rights of all persons.

Article 2

Article 2: Fundamental Rights

1.

Every person has the right to life, liberty, security of person, and property.

2.

No person shall be subjected to aggression by public authority or by private persons except as necessary to prevent or remedy unlawful force, fraud, or invasion of rights.

3.

Every person is equal before the law and is entitled to the equal protection of the law.

4.

Slavery, involuntary servitude, and forced labor are prohibited, except lawful labor imposed as part of a sentence after conviction for crime.

5.

Every person has the freedoms of speech, expression, press, conscience, religion, association, peaceful assembly, movement, residence, and voluntary exchange.

6.

Every person has the right to bodily autonomy, privacy in person, home, papers, communications, and effects, and freedom from arbitrary surveillance, search, or seizure.

7.

Every person has the right to acquire, use, enjoy, transfer, and bequeath property.

8.

No property shall be taken, destroyed, or substantially impaired for public use except as authorized by law, for a public purpose, and with prompt and fair compensation.

9.

Every person has the right of self-defense and defense of others against unlawful force, subject to law narrowly tailored to protect the equal rights of all.

10.

No law shall abridge the essential content of the rights secured by this Article.

Article 3

Article 3: Due Process and Justice

1.

No person shall be deprived of life, liberty, property, citizenship, or legal status except by due process of law.

2.

Due process includes, at minimum:

a.

timely and specific notice of the claim or charge;

b.

a fair and public hearing before an independent and impartial tribunal;

c.

adequate time and means to prepare a defense;

d.

the assistance of counsel in criminal proceedings and whenever liberty is at stake;

e.

the right to present evidence and challenge adverse evidence and witnesses;

f.

a reasoned decision based on law and evidence;

g.

review by a higher tribunal as provided by law.

3.

No person shall be presumed guilty. Guilt must be established by sufficient proof under law.

4.

No person shall be compelled to testify against himself in a criminal case.

5.

No person shall be tried or punished twice for the same offense after final acquittal or conviction.

6.

No person shall be convicted for an act or omission that was not unlawful when it occurred, nor be subjected to a heavier penalty than the law then provided.

7.

Excessive bail, excessive fines, cruel punishment, and disproportionate punishment are prohibited.

8.

Detention before trial shall be exceptional, lawful, and subject to prompt judicial review.

Article 4

Article 4: Courts

1.

Judicial power shall be independent from the legislative and executive powers.

2.

There shall be a Supreme Court of Liberland and such lower courts as law may establish.

3.

Courts shall decide cases according to this Constitution and the law.

4.

Any person affected by public action has standing to challenge its constitutionality or legality in court.

5.

Courts shall provide effective remedies for violations of rights, including injunction, restitution, compensation, and other relief authorized by law.

Article 5

Article 5: Legislation and Public Finance

1.

Law shall be general, public, prospective, and equally applicable to those within its scope.

2.

No tax, fee, levy, fine, forfeiture, or compulsory contribution shall be imposed except by law.

3.

Public charges shall be limited to what is necessary for the lawful functions of government and shall not be arbitrary, confiscatory, or discriminatory.

4.

All public revenue and expenditure shall be transparent and regularly published.

5.

Public funds may be spent only as authorized by law.

Article 6

Article 6: Executive Power

1.

Executive power, if established by law, exists only to carry out this Constitution and the laws made under it.

2.

No executive officer may suspend law, dispense with law, rule by decree beyond authority granted by law, or use public power for private benefit.

3.

The armed forces, police, and all coercive bodies are subordinate to civil law and subject to judicial review.

4.

No emergency, conflict, or public danger shall suspend this Constitution. Temporary emergency measures may be taken only as authorized by law, only to the extent strictly necessary, and always subject to judicial review.

5.

Every public officer is personally accountable under law for unlawful acts done under color of office.

Article 7

Article 7: Remedies and Punishment

1.

The purpose of civil liability is restitution, compensation, and the protection of rights.

2.

The purpose of criminal punishment is the protection of rights and the redress of serious public wrongs.

3.

Punishment shall be imposed only after conviction by a competent court and only as authorized by previously enacted law.

4.

Forfeiture of property shall be permitted only by judicial order and only where the property is proved to be an instrument or proceeds of unlawful conduct, or where forfeiture is part of lawful restitution or sentence.

5.

Collective punishment is prohibited.

Article 8

Article 8: Sovereignty and External Commitments

1.

Liberland is sovereign. No treaty, alliance, contract, or foreign agreement may override this Constitution.

2.

No external commitment may grant powers to public authority beyond those permitted by this Constitution.

3.

Rights secured by this Constitution shall bind all public authorities whether acting domestically or through external agreement.

Article 9

Article 9: Constitutional Change and Continuity

1.

The people retain the ultimate authority to alter or replace their government by constitutional means.

2.

This Constitution may be amended only by a supermajority of citizens voting in a manner prescribed by law that safeguards one person, one vote, public transparency, and the integrity of the result.

3.

No amendment may abolish the equal legal personhood of human beings, the rule of law, judicial independence, or the core rights secured by Articles 2 and 3.

4.

No branch, officeholder, court, or temporary majority may amend, suspend, or invalidate this Constitution except under this Article.

Article 10

Article 10: Supremacy

1.

This Constitution is the supreme law of Liberland.

2.

Any law, decree, judgment, order, or act contrary to this Constitution is void to the extent of the conflict.