Skip to content

Latest commit

 

History

History
898 lines (479 loc) · 55.5 KB

Constitution.md

File metadata and controls

898 lines (479 loc) · 55.5 KB

Constitution of the Free Republic of Liberland

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: Philosophy

Article 1: Individual Sovereignty

We recognize that every individual has sole, undivided, and absolute sovereignty over their own person, including their body and mind.

Article 2: Property Rights

The relationship between an individual and their person shall be considered property, and it shall be afforded the highest degree of protection for everyone equally.

Article 3: Human Agency

We acknowledge that a human being is uniquely able to act through their own person.

Article 4: Ownership of Resources

When a person acts and adds value to an unowned resource, be it an object, an animal, or any other controllable natural phenomenon, that resource shall become the property of the acting person.

Article 5: Property Management

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 6: Permanence of Property Rights

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.

Chapter 2: Code of Conduct

Article 7: 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.

Article 8: Consequences of Aggression

A person who breaches the Non-Aggression Principle shall bear the risks and consequences of their actions.

Article 9: Right to Defend Against Aggression

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: Foundation for Centralized Authority

Article 10: The 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 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 11: Sole Power of the Centralized Authority

The centralized authority shall be able, when necessity requires and only to the extent required by circumstance, to infringe on the property rights of others by limiting them in the minimal fashion necessary to resolve the given situation.

Article 12: Liberland

The sole public protector of property rights shall be the State of Liberland, henceforth referred to as "Liberland."

Article 13: Structure of Liberland

  1. Liberland shall form organs that shall be organized hierarchically, with each performing specific functions, henceforth referred to as "the Government."
  2. In addition to the Government, Liberland shall award the foremost among its supporters a seat in the Senate, the Guardian of the Republic. The Senators shall ensure that the Government serves as the public defender of property and nothing more.

Book 2: Liberland Government

Chapter 1: Foundational Principles

Article 14: Structure of the Government

The Government shall be democratic in nature, organization, conduct, and governing philosophy. Its powers shall be divided into Legislative, Executive, and Judicial powers.

Article 15: Actions of the Government

  1. The Government shall only perform actions to which it is empowered, directly or indirectly, by this Constitution.
  2. The Government shall be run online using the instruments it designates, enabling it to effectively, securely, and transparently act according to this Constitution.
  3. The basic unit for governmental timekeeping shall be an election term of the representative legislative body of ninety days, henceforth referred to as an "Election Term."

Article 16: Financing the Government

The Government and all its organs and activities shall be financed in accordance with the Non-Aggression Principle, based on contractual relationships such as voluntary, project-based taxation.

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: Treasury

  1. The Treasury of Liberland shall be managed by the Government but owned by Liberland.
  2. Whenever there is a surplus of at least three times the mode of the budgets for the last five years, that surplus shall be distributed to the Senate according to their share and to the People of Liberland, each according to their merit.

Chapter 2: Governmental Powers

Article 19: Lawmaking

  1. To fulfill the purpose of the Government in a regulated and orderly manner, the Legislative shall establish Laws, binding rules that inform human action and guide the people to act in accordance with the Non-Aggression Principle.
  2. Laws shall be second in power only to this Constitution, capable of binding all branches of the Government, Liberland as a whole, and any Persons within Liberland's jurisdiction.
  3. Where there is a conflict between a Law and a provision in this Constitution, the constitutional provision shall prevail.

Article 20: Governance

The Executive shall consist of experts managing the day-to-day affairs of Liberland governance. It shall apply Laws and other Regulations and any other measures necessary to fulfill the purpose of Liberland.

Article 21: Regulating

  1. The Executive shall expand upon these rules set out in Laws and create auxiliary rules within limits and based on mandates given expressly by the Legislative. These rules, lower in authority than this Constitution and Laws, shall be called Regulations.
  2. Regulations shall be lower in legal force than the Laws or the Constitution. An illegal or unconstitutional provision in a Regulation shall always be invalid.

Article 22: Rule of Law

The Government shall obey its own Regulations, Laws, and this Constitution.

Article 23: Dispute Resolution

  1. The Judiciary shall answer relevant questions and resolve disputes under this Constitution, under Law, and in international matters.
  2. To this end, the Judiciary shall use the following instruments:

a) Warrants, temporary instruments regulating what is necessary to bring resolution to a particular case or to safeguard the property rights of actors involved or, exceptionally, third parties; and

b) Verdicts represent the decision in a particular case and shall be binding in perpetuity where they gain legal force.

Article 24: Enforcement

Section 1: Judicial Enforcement and Executive Compliance
  1. The Judiciary shall, through the Executive, enforce compliance with this Constitution, Laws, and Regulations, as well as with Judiciary decisions.
  2. 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 25: 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 Liberland, henceforth "Liberlanders," might use privately and without restrictions to effect self-defense or collective defense.

Article 26: Equality Before Law

  1. All persons shall be equal before the Law and in rights and responsibilities as far as their personhood is concerned.
  2. Natural personhood shall be singular and indivisible. It shall pertain to every human being and other entities of an equal or similar level of sapience where those desire and are capable of expressing their desire to become persons.
  3. The Law shall respect no privileges nor special statuses awarded to persons, natural or otherwise, beyond what is stipulated in this Constitution.

Article 27: Equal access to public services

No person or group of Persons shall be arbitrarily excluded from the operation of the Government, or granted any privilege; nor shall any Person be denied equal protection under this Constitution.

Chapter 3: Basic Rights

Article 28: Sovereignty of Property

Section 1: Private Property Protection

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.

Section 2: Owner Rights and Conduct Rules

Property 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 Law. They shall likewise have the right to exclude others from their Property.

Section 3: Protection from Confiscation

No Person shall have their private property confiscated without their informed consent as long as it has been acquired lawfully and used lawfully. Any Property shall be assumed to have been obtained and used lawfully unless proven otherwise. The final arbiter in disputes regarding this matter shall be the Judiciary.

Section 4: Liability for Property Damage

Liberland shall be held liable for Property damage caused by its Agents acting contrary to this Constitution or Law.

Article 29: Right to Personal Integrity

Section 1: Personal Sovereignty and Responsibility
  1. All Persons shall have the full and sovereign right in the free control and the free disposition of their mind, body, and conscience.
  2. 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.
Section 2: Protection of Personal Integrity
  1. The Government shall not infringe upon the integrity of a natural Person in any way without first obtaining their full and informed consent.
  2. Where obtaining full and informed consent should prove impossible or where there is an urgent, present, and sufficiently dire need to protect the life, liberty or property of others, the Government, in particular through the Executive Power, can only act upon the integrity of a natural Person based on a mandate given by Law or upon a Decision of the Judiciary.

Article 30: Right to Privacy

Section 1: Protection Against Unreasonable Searches and Surveillance
  1. The Government shall not violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, except where based on a Warrant issued by the Judiciary.
  2. 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.
Section 2: Warrant Requirements and Probable Cause

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 31: Right to Bear Arms

The right of Liberland citizens to keep and bear arms shall not be infringed. All adult, able-minded Liberland citizens 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 32: Right to be Heard

Section 1: Fair and Impartial Government Decision-Making

Any branch of the Government making decisions regarding the rights and duties of Persons shall hear both parties, resolve the matter without unnecessary delay, and act fairly and impartially while upholding principles of due process and fair hearing.

Section 2: Due Process and Fair Hearing in Delict Cases
  1. In a process against a Person regarding a delict, the Government shall offer the parties, particularly the defendant, a higher level of protection, at least upholding the principles of due criminal process and fair hearing commonly accepted in civilized countries.
  2. The defendant shall be allowed to know their accuser and to react to the accusation effectively.
  3. Decisions concerning guilt and punishment shall be made only upon evidence substantiating the decision beyond a reasonable doubt.

Article 33: Right to Transparency in Public Affairs

  1. The Government shall conduct its business openly, making all affairs, documents, and decision-making public, unless directly pertaining to active proceedings with Persons warranting privacy or unless immediate publication would directly lead to damage to life or Property.
  2. The Government shall communicate truthfully, backed by verifiable evidence, and clearly label opinions as such when discussed.

Article 34: Right to Collective Defence

  1. All Persons, individually or jointly, shall be free 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.
  2. The Legislative and the Executive shall aid and abet this effort when deemed necessary, organizing the Liberland Defence Force composed of armed and unarmed Agents voluntarily protecting the Land against aggression or natural disasters to preserve life and Property.

Chapter 4: Fundamental Freedoms

Article 35: Freedom of Movement

  1. Every Liberlander shall have the right to move freely within Liberland's territory, freely leave, enter, and dwell in it.
  2. 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 Persons and Property in Liberland.

Article 36: Freedom of Commerce

Section 1: Right to Engage in Commerce
  1. 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 and binding norms of public international law.
  2. 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 Liberlanders' ability to engage in commerce.
Section 2: Business Freedom and Partnerships
  1. Liberlanders legally entering Liberland shall be free to do business as individuals in their name and at their own risk by the sole virtue of their natural personhood.
  2. All Persons engaging in commerce shall be directly entitled to form partnerships and do business as individuals under the partnership's name, without administrative hindrances.

Article 37: Freedom of Speech

All Persons shall be free to speak or express their thoughts without fear of punishment, as long as the expression conforms to the Non-Aggression Principle in its manner and purpose. They shall also have the right to petition the Government without fear of punishment.

Article 38: Freedom of Expression

Section 1: Protection of Information Exchange

The Government shall not regulate printed materials, radio, television, the Internet, or any other medium of information exchange, except when materials provably, clearly, and directly violate the Non-Aggression Principle, the Government's purposes, binding norms of public international law, or when information is gathered in violation of the Right to Privacy.

Section 2: Right to Record Conversations and Events

The Government shall not prohibit anyone from making and owning recordings of conversations or events in which a Person participates.

Article 39: Freedom of Assembly

All Persons shall have the right to assemble peaceably.

Article 40: Freedom of Association

  1. 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.
  2. 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 41: Freedom of Religion, Freedom From Religion

No Law shall regulate the establishment or abolishment of religion, prohibit the free exercise thereof, or restrict marriage between adults, provided it is based on their own free will and Informed Consent.

Article 42: Freedom from Coercive Taxation

Section 1: Prohibition of Non-Consensual Taxation
  1. The Government shall not impose any form of taxation or similar rules expropriating money from Persons without their direct and informed consent, either directly or by proxy.
  2. The Government shall neither induce nor allow in its jurisdiction any other institution or Person to impose and unilaterally enforce taxes or tax-like measures without the taxpayer's direct and informed consent.
Section 2: Voluntary Participation in Social Insurance

The Government shall not obligate any person to participate in any form of social insurance or pension scheme, nor provide any financial incentive in that respect.

Article 43: Freedom From Tolls and Duties

Section 1: Prohibition of Trade Barriers

The Government shall not impose any duty on goods, services, or capital imports and exports, tariffs, or other measures hindering the freedom of certain goods or capital on the internal market in Liberland and international trade.

Section 2: No Price or Wage Controls

The Legislative shall not make any Law or policies controlling the prices of goods, services, or wages.

Article 44: 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
  1. 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.
  2. The Government shall never grant special rights or favors to financial institutions to insure deposits or protect them from bankruptcy should they lack sufficient assets to cover all their liabilities.

Article 44: Freedom of Information

  1. Every person shall have the right to freely form, express, and impart their opinions.
  2. Every person shall have the right to freely receive information, gather it from generally accessible sources, and disseminate it.

Article 45: Freedom from Military Service

Liberland shall have no standing army, and no Persons shall be conscripted for military purposes. In situations of an objective and immediate danger, Liberlanders shall be expected, but not obligated by force of Law, to contribute to the common defense to the best of their ability.

Chapter 6: Constitutional Policies

Article 46: 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 47: Striving towards Peace

Liberland shall strive to maintain peace with all its neighbors individually and with the international community in its entirety.

Article 48: Neutrality

  1. Liberland's peaceful orientation and non-participation in conflicts, whether between States, within States, or otherwise, shall be a guiding principle for the Government.
  2. The initiation of violence shall be prohibited. However, nothing in this paragraph shall be construed as prohibiting legitimate collective defense.

Article 49: Commitment to International Law

  1. 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.
  2. 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 50: Prohibition of Slavery

Section 1: Ban on Slavery and Involuntary Servitude
  1. The Government shall not permit a relationship amounting to involuntary servitude or slavery to exist in Liberland, even if entered voluntarily and otherwise lawfully.
  2. 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.

Section 3: 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 51: 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

  1. The Government shall 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.
  2. Where private subjects provide Public Services, they shall be required to adopt the Government's purpose and respect Fundamental Rights.

Article 53: Governmental Data Protection

Section 1: Confidentiality and Proper Use of Private Data
  1. The Government shall use all private personal data it collects only for the purposes for which it had been collected. The Government shall keep this data confidential and share it only with the express and informed consent of all Persons to whom the data relates, henceforth "Data Subjects."
  2. Data Subjects shall not lose their rights to the data by virtue of it being under Government control.
Section 2: Consensual Issuance of Identification Documents

All identification documents will be issued on a consensual basis only, and they shall be tools in the hands of the document holders to facilitate their affairs.

Section 3: Voluntary Registration and Information Sharing

The Government shall not force any Person to register and/or share private information.

Book 3: Judicial Power

Chapter 1: Courts

Article 54: Judicial Power

The power of the Judiciary shall extend to all cases between any parties arising within the jurisdiction of Liberland; under this Constitution, the Law, or any to Liberland binding norm of public international law.

Article 55: 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.

Article 56: Precedents

  1. All verdicts of the Supreme Court shall be binding upon the parties to the process and upon all lower Courts on the point of law in all future proceedings.
  2. 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 the Judiciary claims a provision in a Law or other Regulation 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
  1. 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.
  2. Should the offending provision not be amended to resolve the breach, it shall lose its legal force at the end of the Election Term after the Election Term in which the final verdict gained legal force.

Article 58: Establishing and Abolishing Courts

  1. The Legislative shall establish and abolish Courts by means of Law.
  2. A Court may only be abolished where its continued existence represents a direct and clear threat to the Constitution and its principles.

Chapter 2: The Supreme Court

Article 59: The Justices of the Supreme Court

Section 1: Composition of the Supreme Court

The Supreme Court shall be composed of three Judges: one Chief Justice of the Supreme Court, henceforth "Chief Justice," and two other Justices of the Supreme Court.

Section 2: Qualifications and Appointment of Justices

Supreme Court Justices shall be current or former Judges with an excellent professional reputation and moral character and known adherents of the values on which this Constitution stands. They shall be nominated by the Legislative and appointed by the President.

Article 60: Original Jurisdiction of the Supreme Court

The Supreme Court shall have the inherent jurisdiction in the following types of cases:

a) Examining a proposed Law or other proposed Legislative or Executive Regulation or other action for its conformity with the Constitution;

b) The review of constitutional conformity of all International Treaties that the Administration should propose to bind Liberland with.

c) The motion to declare an official of the Administration, the President, a Vice President, or a Senator unfit to perform their duties.

d) The review of legality and constitutional conformity regarding any political process in any branch of the Administration.

e) The review of a Judge's capability to perform their duties of the office.

f) The review of any Regulation, public or private, setting moral standards and penalties for Judges, Attorneys, and Prosecutors.

g) The review, upon a motion made by the Legislative or the Executive, of constitutional conformity of any motion, policy, or regulatory document made by the Guardians.

Article 61: Constitutionality of Legislative Proposals

Section 1: Supreme Court Review of Proposed Laws and Regulations

The Supreme Court shall have the power to examine any proposed Law or Regulation for its conformity with the Constitution. The Supreme Court shall issue binding recommendations where the Regulation is deemed unconstitutional. Without working the recommendations in, the Regulation shall not be adopted.

Section 2: Suspension and Time Limit for Examination
  1. Taking up a proposed Law or Regulation for the examination shall suspend the Legislative or Executive process of adoption until the Supreme Court reaches a decision. In case of a decision that the Law or Regulation conforms to this Constitution, the process may continue where it was suspended.
  2. The Examination shall take at maximum ⅓ of the Election Term; where this time passes without a decision, the examination shall end, and it shall be as if no Examination was conducted.

Article 62: Appellate jurisdiction of the Supreme Court

The Supreme Court shall have the appellate jurisdiction of the last instance from all the Liberland Courts on the point of law, material or procedural irregularity, and severity of the sentence. The Supreme Court shall be able to attract or refuse any case at will, thereby to exercise this appellate jurisdiction.

Article 62: Judges

Section 1: Judicial Independence and Tenure

All judges in Liberland courts shall maintain their independence. They shall hold their office for life or until declared incapable of performing their duties by the Supreme Court, dismissed, or resigned.

Section 2: Separation of Judicial Office from Other Branches

No person shall hold the office of a judge while holding another office in the Legislative or Executive branches.

Article 63: Appointment of Judges

Section 1: Executive Nominations for Government Courts

The Executive shall nominate judges for the courts established by the Government and submit them for appointment by the President.

Section 2: Internal Nominations for Other Courts

Other courts shall nominate their judges through their internal procedures and submit them for appointment by the President.

Section 3: Oath of Office for Judges

Upon appointment, all judges, including Supreme Court Justices and 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 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 64: Judicial Immunity

No judge of any court shall be arrested for any period whatsoever unless pursuant to a warrant issued by the Chief Justice of the Supreme Court under extreme circumstances where there is a direct threat to others or where vital evidence may be destroyed.

Chapter 4: Criminal Justice

Article 65: Criminal Process

Section 1: Criminal Process Structure
  1. The criminal process shall be a process in which Liberland acts as the accuser and another subject as the defendant, accused of a delict.
  2. The criminal process shall be set up in ways that allow the court to establish matters of fact, particularly guilt and punishment, to the highest degree of certainty attainable.
Section 2: Definition of Crime

Crimes shall be the most serious among all delicts and shall warrant the most severe punishments.

Article 66: State Monopoly on Prosecuting Crimes

State courts established by law shall be the only entities capable of deciding on guilt and punishment for criminal delicts.

Article 67: Prosecutors

Section 1: Criminal Process Structure

Investigative actions and the prosecution of criminal delicts shall be entrusted to the General Prosecutor. Law may establish other Prosecutor Offices. A Prosecutor shall be nominated by the Executive and appointed by the President for a term of ten consecutive Election Terms.

Section 2: Oath of Office for Prosecutors

Upon appointment, all Prosecutors shall swear/affirm the following Oath of Office:

"I do solemnly swear/affirm that I will administer justice and do equal right to the poor and the rich. I will ensure that victims of crimes are given a measure of restitution for what has been unjustly taken from them. I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Prosecutor under the Constitution, the Laws of Liberland, and in the service of the Liberty and self-determination of all Persons everywhere."

Article 68: No Ex-Post Facto Delicts

  1. No action shall be later deemed a delict as long as it had not been a delict during the time it took place.
  2. The Legislature shall be prohibited from enacting ex post facto laws that harm persons retroactively, particularly where the object would be to punish persons for their actions.

Article 69: Prohibition of Unlawful or Unrestricted Arrests

Section 1: Arrest and other Limitations of Freedom for Convicted Persons

Persons lawfully convicted for delicts shall be subject to limitations of freedom which may include labor and/or payment as obligated by law, but only within the strict limits of the law and based on an individual decision by the Judiciary.

Section 2: Arrest Procedures and Duration
  1. When a person is placed under arrest, agents shall allow that person to inform whomever they wish about the arrest and permit them to contact legal counsel without delay.
  2. No person shall be arrested for more than twenty-four hours without a warrant or a charge.
Section 3: Transparency in Arrests

Agents executing arrests shall act openly and inform the accused about the charge and their relevant rights under the Constitution and other protections.

Book 4: Legislative Power

Chapter 1: Citizenship

Article 70: Citizenship

The Legislative shall consist of certain persons who, upon proving their lasting commitment to Liberland, shall have the right to enact regulations upon themselves and others, even against the recipients' will or without asking for their consent, but only within the strict limits of this Constitution. These persons shall be known as Citizens.

Article 71: 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]."

Section 2: Citizenship by Birth

A person born to a Citizen shall have the right to become a Citizen of Liberland, and they shall accept the obligations that citizenship entails and swear/affirm the oath at that point.

Article 72: Non-consensual Democracy

Section 1: Derogation from Non-Aggression Principle

Citizens shall be able to derogate from the Non-Aggression Principle to allow other non-consensual forms of democracy to take place in Liberland when circumstances require it.

Section 2: Direct and Representative Democracy
  1. The Legislative shall standardly operate employing instruments of direct democracy, whereby Citizens directly decide the affairs of the State.
  2. To give recourse to those who wish to be represented by others in politics, there shall be a system of Representative Democracy complementing direct democracy.

Chapter 2: Direct Democracy

Article 73: Referendum

Section 1: General Democratic Instrument
  1. The general, all-purpose democratic instrument in Liberland shall be the Referendum.
  2. Using the Referendum, the Citizens may directly propose, adopt, modify, or repeal Regulations and make other motions for action under this Constitution or existing Regulations.
  3. The Referendum shall be the sole organ in Liberland empowered to adopt and amend Laws.
Section 2: Referendum Law and Voting System
  1. The Legislative shall adopt a Referendum Law setting up clear and reasonable rules for organizing the Referendum and for the adoption and rejection of proposals.
  2. The Referendum Law may establish a system where Citizens vote with voting tokens, which they obtain in a transparent and predictable manner that does not have the character of discrimination.

Article 74: Proposing Laws

Any Citizen shall have the right to propose Bills within the constraints of this Constitution. They shall submit the Bill to the Referendum so that the Citizens may decide whether to adopt or reject it.

Article 75: 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 76: Public Veto

  1. 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.

  2. 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.

Chapter 3: Representative Democracy

Article 77: Congress

Section 1: Election of Congress Members

Every Election Term, Citizens shall choose from amongst themselves members of Congress to represent them for the next Election Term.

Section 2: Formation and Role of Congress

Once elected, members of Congress shall form the Congress of Liberland, henceforth: "Congress". Congress shall be the main and the most authoritative organ of representative democracy in Liberland.

Section 3: Congress Law and Decision-Making Process

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 78: Members of Congress

Section 1: Number of Congress Members

The Congress Law shall set the number of the Members of Congress, but there shall be no fewer than seven Members of Congress and no more than two hundred and one.

Section 2: Oath of Office

Members of Congress shall take the 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 79: Legislative Initiative

Section 1: Purpose of Congress
  1. The primary purpose of the Congress shall be to propose Laws, International Treaty Ratifications, Constitutional Amendments, and Amendments to Regulations or the motions to strike out Regulations.
  2. Laws and other motions proposed by Congress shall be easier to pass through the Referendum than popular proposals. The Referendum Law shall set up the details.
Section 2: International Treaty Ratification
  1. Congress may require ratification by a Referendum proposed by Congress regarding any international treaty where Congress judges its impact to be sufficiently serious to warrant such a measure.
  2. International treaties shall undergo mandatory ratification by a Referendum proposed by Congress before taking legal force if they:

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.

Article 80: Amending the Constitution

Section 1: Extraordinary Circumstances

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.

Section 2: Validity of Constitutional Amendments
  1. 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.
  2. Bills proposed as Constitutional Amendments but materially not seeking to amend the Constitution shall be likewise null and void.
Section 3: Passing a Constitutional Amendment

Passing a Bill in a Referendum concerning a Constitutional Amendment shall require a double supermajority of no less than a ⅔ majority of voters and also no less than ⅔ of their votes.

Article 81: 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 take back their delegation at will.

Article 82: Cancelling Referenda

Section 1: Referendum Cancellation Authority

The Congress shall, by a vote of a two-thirds majority, have the power to cancel any Referendum it should deem as frivolous, malicious, going against the purposes of Liberland, or where the proposal is likely aimed at or is likely to have as one of its results limitation of individual liberty.

Section 2: Recommendations and Resubmission

The Congress shall publish binding, reasonable recommendations accompanying each Cancellation, citing why it was issued. Congress shall allow the proposal to pass if the re-submitted proposal is amended to satisfy the recommendations.

Article 83: Appointing Supreme Court Justices

Congress shall confirm or reject Supreme Court Justices nominees nominated by the Executive. The confirmation or rejection shall be made without unnecessary delays as soon as a nomination is submitted. Confirmed nominations shall be sent to the President for Appointment.

Article 84: Appointing the Prime Minister

  1. Whenever the Prime Minister's seat is vacant, Congress shall appoint a new Prime Minister without delay.
  2. The Prime Minister shall be a Member of Congress at the time of their appointment. Losing their Congress seat shall not be grounds for dismissal or losing their Prime Minister seat.
  3. The Prime Minister shall be a Member of Congress at the time of their appointment and shall be appointed by the Congress for a tenure of twenty consecutive Election Terms, which may be repeated once.

Article 85: Dismissing Cabinet Members

Section 1: Dismissing the Prime Minister

Congress shall have the power to Dismiss a Prime Minister with a ⅔ majority vote. Dismissing the Prime Minister does not mean that the other Ministers have to resign.

Section 2: Dismissing Individual Ministers

Congress shall likewise have the power to dismiss individual Ministers, with the same tally required to effect the dismissal of a Prime Minister.

Book 5: Executive Power

Article 86: Mandate of the Executive

The Executive shall:

a) Manage routine State operations;

b) Begin the legislative process for Bills drafted by the Cabinet;

c) Safeguard and enhance Liberland's interests globally;

d) Ratify International Treaties not requiring Congressional or Presidential 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 87: Organs of the Executive

The Executive shall be hierarchically organized with all offices and personnel, referred to as "Agents", directly or indirectly reporting to the Cabinet, the highest organ of the Executive.

Article 88: The Cabinet

Section 1: Formation and Leadership
  1. The Cabinet shall be established and directed by the Prime Minister, serving as the Head of the Cabinet and the Government. The Cabinet shall be accountable to Congress.
  2. The Congress shall elect the Prime Minister for twenty consecutive Election Terms. A person may serve as the Prime Minister for a maximum of two consecutive terms and four terms overall. A person may only be re-elected for a third term after a hiatus of at least forty consecutive Election Terms outside the Prime Minister's office.
Section 2: Appointment and Dismissal of Ministers
  1. The Cabinet shall comprise four Ministers, each heading their respective Ministry. The Prime Minister shall appoint individual ministers for a duration of twenty Election Terms when a position becomes vacant.
  2. Both the Prime Minister and the Congress may dismiss a minister. If the Prime Minister dismisses a Minister, they must provide a well-substantiated justification for such action.

Article 89: 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 Judiciary to ensure its independence, fairness, professionalism, and efficiency.

Article 90: Regulations of the Executive

Section 1: Purpose of Executive Regulations

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.

Section 2: Basis for Regulations

Regulations shall be based on Laws and shall be issued within the framework of specific legal provisions.

Book 6: Guardians of the Republic

Chapter 1: The Senate

Article 91: The Senate

  1. The Senate of the Republic of Liberland, herein referred to as "the Senate", shall be constituted by citizens holding shares in the Fund of the Republic of Liberland, henceforth known as Senators.
  2. The Senate's mandate shall encompass overseeing national affairs and stewardship of the nation's fiscal reserves. Senators shall be entitled to financial benefits derived from Liberland's reserves, proportional to their shareholding.

Article 92: The Power of Cancellation

  1. The Senate reserves the right to nullify any Referendum, and shall promptly release substantiated, binding advisories detailing the rationale behind the cancellation.
  2. The Senate shall honor its advisories and shall refrain from nullifying any Referendum that has been revised in line with the Senate's prescriptive guidance.

Article 93: The Power of Veto

  1. The Senate is vested with the authority to reject, through the exercise of Veto, any Regulation not classified as Law, which it deems not in Liberland's best interest. The Senate also reserves the right to dismiss Judges, the President, Vice-Presidents, and other officials as provided by the Law for the Public Veto.
  2. Any Veto action by the Senate must be supported by reasoned argument and informed debate. The Senate's reasoned opinion shall be made public and conveyed to the issuing body as binding recommendations for enhancement. The Senate shall refrain from exercising Veto on a Regulation that has been re-enacted in alignment with the Senate's recommendations.

Article 94: Fiscal Trusteeship

  1. 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. The Senate shall not halt the disbursement once their binding recommendations are fulfilled.
  2. The Senate shall oversee the management of Liberland's emergency fund and claim any undistributed instruments and incentives associated with national information systems.

Article 95: Independent Oversight Bodies

The Senate may, of its own volition and at its own cost, establish independent oversight bodies, providing the necessary administrative and knowledge resources to perform its guardianship duties. These bodies shall have a hierarchical structure and operate transparently, with each body potentially assigned under one or more Senators.

Article 96: Self-Governance of the Senate

  1. The Senate shall manage its own affairs and promptly enact the Senate's Proceedings Guide, a Regulation with the force of Law binding on the Senate. This Regulation shall define the Senate's decision-making process and operations.
  2. The Senate retains the authority to pass lower order Regulations, which shall be binding on all Independent Oversight Bodies.

Chapter 2: Head of State

Article 97: 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 98: Selection of the President

Section 1: Presidential Selection 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 select the President from among 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 99: Presidential Terms

Section 1: Term Limits and Re-Selection

The President shall be selected for a term of twenty consecutive Election Terms. One person may only be selected as a president for two consecutive terms and four terms over their lifetime. A person can only be re-selected for their third term after at least forty consecutive Election Terms spent out of the office of the President.

Section 2: Resignation upon New Public Office

The President and the Vice Presidents shall resign their offices upon being voted into a public office or becoming an Agent of the Government in any capacity.

Section 3: Dismissal due to Incapacity

Should the President be found permanently unable to perform his or her duties for objective reasons of health or for personal reasons, the Senate shall petition the Supreme Court to dismiss the President.

Article 100: 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. I will do my utmost to follow and represent my President faithfully and to the best of my ability."

Section 3: Temporary Presidential Incapacity

Where the President should be confirmed as temporarily incapable of performing their duties, the Vice Presidents shall assume those duties for the duration of this incapability.

Article 101: Powers of the President

  1. The President shall exercise power to:

a) represent Liberland on the international stage, including but not limited to the negotiation and signing of international treaties;

b) bestow honors and awards on Persons who have achieved a great deal in service to Liberland and/or the idea of liberty worldwide;

c) appoint or reject the appointment of the highest officials of the Administration, including all Judges and Supreme Court Justices;

d) lead the Senate and have the deciding vote therein in case of a draw or otherwise according to the Proceedings Guide of the Senate; and

e) lead the Liberland Defence Forces should those be formed.

  1. Any decision made by the President needs to be confirmed by either of the Vice Presidents, or it will be invalid.
  2. As they traditionally pertain to the function of the Head of State, which rests solely on the President, the President shall not be required to obtain the confirmation of their Vice Presidents concerning the powers to represent Liberland on the international stage and to bestow honors and awards.

Article 102: Emergency Powers

  1. In a dire crisis requiring the swift actions of the Territorial Defence Forces, the Senate can issue a vote to allow the President to lead the Liberland Defence Forces without the need for confirmation by the Vice Presidents.
  2. Where the Vice Presidents should find themselves assuming the duties of the President or on delegation, they shall decide on the powers mentioned in this Article as they would on any other powers.

Book 7: Amendments and Final Provisions

Chapter 1: Amendments

Article 103: Amendments

All Amendments that add new provisions to the Constitution shall be published in this chapter of the Constitution. Amendments that change existing provisions shall be incorporated into the respective Book of the Constitution.

Article 104: 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.

Article 105: Constitutional Convention

Section 1: Proposal for Constitutional Convention

The Congress may motion to propose a Constitutional Convention by a ⅔ majority. Where this proposal is seconded by the Senate and the President, the motion becomes a regular Constitutional Amendment referendum.

Section 2: Commencement of Constitutional Convention

A Constitutional Convention shall commence in the Election Term following the Election Term in which the Constitutional Convention proposal is adopted.

Section 3: Delegate Proposal
  1. Upon adopting the Constitutional Convention proposal, the Government, the Senate and the President shall without delay propose at least seven delegates, henceforth the "Delegate Proposal". The people shall vote on these delegates in a Referendum. All delegates shall have an equal voice in a Constitutional Convention.
  2. Where the Delegate Proposal is not accepted, the Government, the Senate and the President shall without delay propose another set of delegates and so can any Citizen. Where no Delegate Proposal is adopted within the span of four consecutive Election Terms, it will be as if the Constitutional Convention took place without any Constitutional Amendments being adopted.
Section 4: Constitutional Convention Powers and Duration

The Constitutional Convention shall be solely empowered to propose Constitutional Amendments for adoption or rejection in a regular Constitutional Amendment Referendum, but it may prepare Constitutional Amendments to any Book and regarding any topic, including the changing of the basic principle of Liberland. The Constitutional Convention shall function for up to eight consecutive Election Terms after the Election Term in which the Delegate Proposal is accepted.

Chapter 2 Final Provisions

Article 106: Passage of this Constitution

This Constitution has been submitted by the Cabinet on ...

This Constitution has been adopted by the Referendum ...

This Constitution has passed the Senate on ...

Article 107: Legal Force

This Constitution gains legal force from ... onwards in perpetuity.