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The Constitution of the Free Republic of Liberland draft

Notice: this is NOT a final version of Constitution, it is just a draft!

We, the Citizens of the Free Republic of Liberland, in order to secure Life, Liberty and Property, for ourselves and future generations, do ordain and establish the Constitution of the Free Republic of Liberland, attempting a harmonious consensus for the benefit of all those willing to assume responsibility over the course of their lives. Being aware of a long and shameful list of governments’ trespasses to the Rights of the sovereign Individuals, we hereby declare that the Public Administration governing the Free Republic of Liberland shall first and foremost respect the Bill of Rights and exercise only such functions as have been delegated to it under this Constitution. Therefore, we declare that whenever the Public Administration becomes an obstacle to, rather than a guarantor of, our Rights, it shall be our duty to alter or abolish such government, and to institute a new government for the restoration of the Rights which we consider inherent in all human beings.

Chapter 1: Fundamental Principles

The Constitution shall lay the foundations of the legal system of the Free Republic of Liberland and shall determine the limits of power of the Public Administration. The Agents and Members of the Public Administration shall be held accountable to the Citizens.

Article I: Basic Provisions

  • §I.1. The Constitution shall be the supreme law of the Free Republic of Liberland and, as such, shall be directly enforceable before all Courts of Law; all forms of law and all contracts between any legal and/or natural Persons, including all branches of the Public Administration, made under the jurisdiction of the Free Republic of Liberland, shall comply with the Constitution.
  • §I.2. The Free Republic of Liberland shall be governed by the Public Administration and no concurrent or otherwise form of government shall be established; no special branch of the Public Administration which is not provided for in the Constitution shall come into existence; no municipal or district governing body shall be established unless for a new territory upon its incorporation to the Free Republic of Liberland.
  • §I.3. Should the Public Administration abandon the Constitution and assume a despotic form of governance, and should no mechanism for peaceful transformation be available, the Citizens shall have the right and duty to abolish such government and restore the legal order envisaged by this Constitution.
  • §I.4. The Powers of the Public Administration shall be derived solely from the provisions of this Constitution and neither the Public Administration, nor any Agent or Member thereof, shall possess any inherent authority; the Public Administration shall neither have nor exercise any power other than those expressly conferred upon it by this Constitution.
  • §I.5. The Constitution and the law of the Free Republic of Liberland shall extend to the entire jurisdiction of the Free Republic of Liberland and neither the Constitution nor the law of the Free Republic of Liberland shall be binding upon any Person outside the jurisdiction of the Free Republic of Liberland other than Agents and Members of the Public Administration and Persons accused of breaching international criminal law.
  • §I.6. Customary international law shall form part of the legal system of the Free Republic of Liberland, and as such shall be directly enforceable before the Courts of Law, insofar as it does not contravene the Constitution or any law passed in accordance therewith; where any party to any proceedings before any Court wishes to rely on any principle of customary international law or provision of any international treaty, its interpretation shall lie within the competences of the Courts of Law.

Article II: Corners of Powers of the Public Administration

  • §II.1. No law shall prohibit any act or omission which does not (a) directly harm any other Person, (b) cause unwarranted suffering to an animal capable of conscious behaviour or (c) harm to the environment beyond the boundaries of one’s property; nor shall any law prohibit any act or omission which has been validly consented to by another Individual; no Individual shall be considered a victim of one’s acts or omissions; nothing in this provision shall prevent the Assembly from criminalising conduct interfering with the constitutional functions of the Public Administration or any form of direct or indirect participation in a criminal offence.
  • §II.2. No branch of the Public Administration shall introduce any state of emergency or war, or any other special state in which one or more of the Rights guaranteed by this Constitution would be diminished or suspended or revoked; any purported such introduction shall be of no effect.
  • §II.3. No branch of the Public Administration shall take any form of loan whatsoever; no government bond shall be issued; no debt shall be incurred by any branch of the Public Administration for any purpose.
  • §II.4. No branch of the Public Administration, nor any number of Citizens or Residents of the Free Republic of Liberland, shall propose and/or consent to the incorporation of the Free Republic of Liberland, or any part thereof, to any other jurisdiction; a majority of two-thirds of the overall number of Assembly Representatives may assent to the incorporation of any new territory to the Free Republic of Liberland upon the request of its people or government with any status the Assembly may determine.
  • §II.5. No branch of the Public Administration shall give any form of foreign aid whatsoever to any state or entity, whether directly or via any international institution; nothing in this provision shall prevent the Public Administration from meeting its financial liabilities flowing from the membership in any intergovernmental organisation.
  • §II.6. No branch of the Public Administration shall establish any standing army; nor shall it declare war and/or carry out military activities other than in defence of the border of the Free Republic of Liberland in reaction to an act of armed aggression against the Free Republic of Liberland which has already taken place or is imminent; nor shall any branch of the Public Administration invite any armed forces of any other state or organisation into the jurisdiction of the Free Republic of Liberland except for a reasonable number of security personnel accompanying a foreign visit.
  • §II.7. No branch of the Public Administration shall finance, or partially finance, in any form whatsoever, any private association, corporation or service contracted between any natural and/or legal Persons; no assets shall be transferred by any branch of the Public Administration, to any legal and/or natural Person unless as remuneration for contracted goods and/or services necessary for the functioning of the Public Administration as envisaged in the Constitution.
  • §II.8. No branch of the Public Administration shall contract with any legal or natural Person, state or entity for the purposes of acquiring data it itself is not entitled to acquire under this Constitution or any laws passed in accordance therewith; nor shall any branch of the Public Administration be allowed to procure any legal or natural Person to commit what it itself is not entitled to commit under this Constitution or any laws passed in accordance therewith.
  • §II.9. All bodies of the Public Administration shall duly comply with the terms of each and every contract which has been lawfully signed on their behalf.
  • §II.10. The Public Administration shall secure the borders of the Free Republic of Liberland and duly maintain an efficient immigration system so that no Person shall be granted a leave to enter the Free Republic of Liberland without first fully complying with the relevant immigration procedure as prescribed by law.
  • §II.11. All rights enumerated in this Constitution, and others retained by any Person within the jurisdiction of the Free Republic of Liberland, shall be enjoyed directly, without any requirement of permit, licence or registration.

Article III: Agents and Members of the Public Administration

  • §III.1. All candidates for any public office in the Free Republic of Liberland as well as all current Members of the Public Administration shall be under obligation to disclose their assets above certain value as prescribed by law, sources of income over certain proportion of his or her overall yearly income as prescribed by law and benefaction, both current and of the past five years, as prescribed by law, to the public; should a candidacy be submitted by any association, it shall be under equal obligation of disclosure.
  • §III.2. All Members and Agents of the Public Administration shall take the Oath of Office prior to assuming their office; the Oath of Office shall include the pledge of allegiance to the state of the Free Republic of Liberland, obligation to uphold and abide by the Constitution, and to perform one’s duties in a manner consistent with the liberty of others as far as possible.
  • §III.3. All Members and Agents of the Public Administration knowingly or negligently acting in breach of the Constitution by failing to fulfil any obligation which may be directly imposed upon them by the Constitution, or by denying any Person any right which may be bestowed upon such a Person by the Constitution, shall be deemed to be committing a criminal offence punishable with incarceration for a term not exceeding three years and/or with any other punishment which the Assembly may determine in the Criminal Code.
  • §III.4. For the purposes of the criminal offence of acting in breach of the Constitution, acting pursuant to an Act which has been approved as prima facie constitutional by the Supreme Court shall not be deemed as acting unconstitutionally until such time as the Act is declared unconstitutional at subsequent judicial proceedings; collective bodies of the Public Administration acting in breach of the Constitution shall incur individual criminal liability for all their members who have voted to pursue the relevant course of action.
  • §III.5. All Members and Agents of the Public Administration convicted of the criminal offence of acting in breach of the Constitution or of any law relevant to the position held shall cease to hold their current positions and shall no longer be eligible to hold any public office or to be employed by the Public Administration.

Chapter 2: Political Institutions

The Free Republic of Liberland shall be governed by the Public Administration in accordance with the Constitution. It shall observe the rule of law and exercise only such legislative, executive and judicial powers which have been conferred upon it by this Part of the Constitution and not restricted under the other Chapters of the Constitution.

Article IV: The Legislative Power

  • §IV.1. The legislative power in the Free Republic of Liberland shall be vested in the Citizens, the Assembly and the Council which shall exercise it on behalf of the Citizens.
    • §IV.1(1) The Assembly shall ordinarily be in session for one week of every month for nine months a year.
    • §IV.1(2) The Assembly may extend or shorten its session with a simple majority vote of the overall number of Assembly Representatives.
    • §IV.1(3) The Assembly may reconvene at any time whatsoever upon the call of the Assembly Speaker sua sponte or upon request of one-quarter of the overall number of Assembly Representatives.
    • §IV.1(4) The Assembly shall not be dissolved, nor shall its session be interrupted, by any other body of the Public Administration.
  • §IV.2. The Assembly shall consist of twenty Assembly Representatives.
    • §IV.2(1) The Assembly Representatives shall not receive any remuneration for their service other than compensation for expenses incurred in their official capacity.
    • §IV.2(2) No Person shall hold the office of an Assembly Representative whilst holding any other public office within the executive or judicial branch of the Public Administration concurrently.
    • §IV.2(3) No Assembly Representative shall be precluded from taking part in any Assembly vote and/or debate by virtue of being detained unless his or her release would cause direct and grave danger to others, as certified by the Court of Law on application by the Office of the Public Prosecutor or a medical practitioner where appropriate.
    • §IV.2(4) No Assembly Representative shall hold the office for more than twelve years in total.
  • §IV.3. The Assembly Representatives shall be elected by the Citizens in a General Election held every six years.
    • §IV.3(1) Any Assembly Representative may be recalled by the Citizens with a simple majority vote in a referendum called by 5% of the overall number of Citizens registered to vote at the time of the last General Election.
    • §IV.3(2) Should any Assembly Representative step down, a Supplementary Election shall be held within thirty days.
    • §IV.3(3) No vote whatsoever shall take place unless all Assembly Representative are sworn in and eligible to participate.
  • §IV.4. One-quarter of the overall number of Assembly Representatives shall have the right to propose a resolution dissolving the Assembly.
    • §IV.4(1) The resolution shall be passed with a majority of two-thirds of the overall number of Assembly Representatives.
    • §IV.4(2) Should the Assembly be dissolved, a General Election shall be held within sixty days.
  • §IV.5. The Assembly shall, amongst themselves, elect an Assembly Speaker with a simple majority vote of the overall number of Assembly Representatives.
    • §IV.5(1) The Assembly Speaker shall chair the business of the Assembly.
    • §IV.5(2) The Assembly Speaker shall head the Bureau of the Assembly.
  • §IV.6. The Bureau of the Assembly shall administer the business of the Assembly.
    • §IV.6(1) The Bureau of the Assembly shall supervise all Agents of the legislative branch of the Public Administration.
    • §IV.6(2) No Agent of Law Enforcement shall enter the premises of the Assembly unless with the express and informed consent of the Bureau of the Assembly or pursuant to a Warrant.
  • §IV.7. The Assembly shall have the power to pass the following types of Bills only:
    • §IV.7(1) an ordinary Bill;
    • §IV.7(2) a Financial Bill;
    • §IV.7(3) a Land Bill;
    • §IV.7(4) a Treaty Bill;
    • §IV.7(5) a Constitutional Bill.
  • §IV.8. The Assembly shall have the power to pass Resolutions for the following purposes only:
    • §IV.8(1) to assent to the incorporation of any new territories to the Free Republic of Liberland;
    • §IV.8(2) to establish the Assembly Committee;
    • §IV.8(3) to assent to the classification of information as a state secret for the purposes of national security;
    • §IV.8(4) to appoint and impeach the Chancellor;
    • §IV.8(5) to consent to the use of the Territorial Defence force within the ten kilometre radius from the borders of the Free Republic of Liberland;
    • §IV.8(6) to request the Supreme Court to review the validity of any election or referendum held within the Free Republic of Liberland;
    • §IV.8(7) to appoint and replace the Assembly Speaker;
    • §IV.8(8) to regulate its sessions and dissolution;
    • §IV.8(9) to accept or reject the remainder of a Bill that has been declared partially unconstitutional;
  • §IV.9. The Assembly Representatives shall have the power to debate on matters important to the well-being of the Republic and inquire into any aspect of work of the Chancellor or any other Member of the Cabinet, who shall be under obligation to provide accurate and truthful information.
    • §IV.9(1) One-quarter of the overall number of Assembly Representatives shall have the power to oblige the Cabinet to consider a draft of a Bill prepared by them, which may be rejected or accepted by the Cabinet as a future Bill.
    • §IV.9(2) Should the Draft be rejected, the Cabinet shall publicly give detailed reasons behind its decision.
  • §IV.10. The Assembly shall elect the Chancellor, who shall form the Cabinet, with a simple majority vote of the overall number of Assembly Representatives.
    • §IV.10(1) Should no Chancellor be elected within thirty days of a General Election, a new General Election shall be held within sixty days.
    • §IV.10(2) The Assembly shall have the power to impeach the Chancellor, or the Vice-Chancellor where applicable, along with the Cabinet by passing a Motion of No Confidence with a simple majority vote of the overall number of Assembly Representatives provided there is a simple majority for a prospective successor.
  • §IV.11. One-quarter of the overall number of Assembly Representatives shall have the power to propose a Resolution instituting the Assembly Committee.
    • §IV.11(1) The Resolution shall be passed with a simple majority of the overall number of Assembly Representatives.
    • §IV.11(2) The Assembly Committee shall be composed of five Assembly Representatives as provided in the Resolution.
    • §IV.11(3) The Assembly Committee shall be established upon a suspicion of misconduct or mismanagement of any Agent or Member of the Public Administration, other than Judges of any Court of Law, in order to investigate the allegations.
    • §IV.11(4) The Assembly Committee shall have the right to subpoena Agents and Members of the Public Administration, other than Judges of any Court of Law, to hear testimonies given under oath.
    • §IV.11(5) The Assembly Committee shall prepare the Final Conclusions reporting evidence, if any, of said misconduct or mismanagement which shall be made public and passed to the Chief Public Prosecutor for consideration of potential criminal prosecution of relevant Persons as described by the Committee.
    • §IV.11(6) Should any Agent or Member of the Public Administration be found by the Assembly Committee to be in breach of the internal rules of conduct binding him or her in the official capacity, the Committee shall have the power to punish him or her financially according to the relevant rules; testimonies given in breach of oath shall be prosecuted in a regular manner in the Criminal Court.
    • §IV.11(7) The Assembly Committee shall only deal with the matter for which it was established and shall disband no later than one year after its creation.
  • §IV.12. The power to initiate a legislative procedure shall lie with the Cabinet only.
    • §IV.12(1) This power shall be exercised once a year only by submitting a Bill or Bills to the Assembly upon the State of the Republic Address on the thirteenth day of April.
    • §IV.12(2) Should any provision of any Act of the Assembly be struck down by the Supreme Court following the declaration of constitutionality, the Cabinet shall have the power to initiate a legislative procedure to address any potential legal vacuum which might have been created by the verdict of the Supreme Court within sixty days.
    • §IV.12(3) A legislative procedure shall involve the Assembly and Council debating on and passing or rejecting any Bill or Bills submitted by the Cabinet.
    • §IV.12(4) The Assembly and the Council shall be under obligation to vote on each and every Bill submitted by the Cabinet until the next State of the Republic Address.
    • §IV.12(5) Any Bill which is rejected by the Assembly or the Council shall be considered lost and shall not be revived unless by resubmission by the Cabinet upon another State of the Republic Address.
  • §IV.13. Any Bill proposed to the Assembly by the Cabinet shall be voted on once only.
    • §IV.13(1) No vote whatsoever shall take place unless the Bureau of the Assembly has published in advance a schedule of the affairs of the Assembly, including the contents of any proposed Bill or Resolution.
    • §IV.13(2) Every Assembly Representative shall have the right to express his or her opinion on the proposed Bill or Resolution at least once before the vote takes place, without any time limit.
    • §IV.13(3) An official record shall be made of the Yeas and Nays of each and every Assembly Representatives taking part in the vote.
  • §IV.14. Any Bill proposed to the Assembly shall pertain to one matter only as expressed in its title.
    • §IV.14(1) The Bill shall state that which it is intended to procure and the means by which those objectives shall be procured including as precise an estimate as practicable of the direct effect of the Bill, if any, upon the Annual Budget.
    • §IV.14(2) The Bill shall specify under which power delegated by this Constitution to the Assembly it is proposed.
    • §IV.14(3) The Bill shall be read aloud in its entirety by the Assembly Speaker before it is voted on.
  • §IV.15. An ordinary Bill shall pertain to any matter which is not reserved for any other type of Bills.
    • §IV.15(1) An ordinary Bill may propose one of the following legislative objectives:
    • §IV.15(1)(a) to ensure peaceful coexistence of Persons;
    • §IV.15(1)(b) to secure their Property;
    • §IV.15(1)(c) to safeguard their Rights;
    • §IV.15(1)(d) to protect Minors and Persons lacking mental capacity;
    • §IV.15(1)(e) to preserve the environment and protect animals;
    • §IV.15(1)(f) to establish procedures regulating the functioning of the Public Administration;
    • §IV.15(1)(g) to abolish or decrease the Fee on land.
    • §IV.15(2) All ordinary Bills shall be passed with a majority of two-thirds of the overall number of Assembly Representatives.
    • §IV.15(3) All ordinary Bills shall be subject to the power of general veto by the Citizens as provided in §IV.24.
  • §IV.16. A Constitutional Bill shall propose an Amendment to this Constitution.
    • §IV.16(1) All Constitutional Bills shall be passed with a majority of three-quarters of the overall number of Assembly Representatives.
    • §IV.16(2) All Constitutional Bills shall be subject to the power of general veto by the Citizens as provided in §II.25.
  • §IV.17. A Land Bill shall propose to introduce, or to increase, the Fee on land located within the jurisdiction of the Free Republic of Liberland.
    • §IV.17(1) All Land Bills shall be passed with a majority of three-quarters of the overall number of Assembly Representatives.
    • §IV.17(2) All Land Bills shall be subject to the power of general veto by the Citizens as provided in §IV25.
    • §IV.17(3) The Fee on land may be abolished or decreased by an ordinary Bill.
    • §IV.17(4) The Fee shall be fixed per square metre of land.
    • §IV.17(5) The Fee shall be payable once a year by landowners, other than the Public Administration, as prescribed in the Act.
    • §IV.17(6) The overall Fee revenue shall be calculated not to exceed 5% of the Gross Domestic Product of the Free Republic of Liberland of the preceding year.
    • §IV.17(7) The Fee shall be levied for one or more of the following purposes only:
    • §IV.17(7)(a) maintaining the infrastructure of the Public Administration;
    • §IV.17(7)(b) providing for Law Enforcement;
    • §IV.17(7)(c) providing for the Courts of Law;
    • §IV.17(7)(d) providing for Agents and Members of the Public Administration;
    • §IV.17(7)(e) securing and promoting the interests of the Free Republic of Liberland worldwide.
  • §IV.18. A Treaty Bill shall propose ratification of an international treaty signed by the Chancellor.
    • §IV.18(1) All Treaty Bills shall be passed with a majority of two-thirds of the overall number of Assembly Representatives.
    • §IV.18(2) All Treaty Bills shall be subject to the power of general veto by the Citizens as provided in §II.24.
    • §IV.18(3) Should any international treaty be capable by virtue of its contents of bestowing rights upon, or creating obligations for, Persons, such rights and/or obligations shall be directly enforceable before the Courts of Law.
    • §IV.18(4) Where an international treaty ratified by the Assembly renders the Free Republic of Liberland a member of any international organisation which issues any form of legal document that purports to bestow rights upon, and/or create obligations for, Persons, directly enforceable in the domestic Courts of Law, such legal documents shall be of no effect unless they are separately ratified each time by the Assembly in the form of a Treaty Bill.
  • §IV.19. The Financial Bill shall contain the provisions of the Annual Budget.
    • §IV.19(1) The Financial Bill shall be passed with a simple majority vote of the overall number of Assembly Representatives.
    • §IV.19(2) The Financial Bill shall be subject to the power of general veto by the Citizens as provided in §II.24.
    • §IV.19(3) The Financial Bill shall contain an Alteration Clause which shall enable the Cabinet to exercise delegated power in order to alter the provisions of the Annual Budget.
    • §IV.19(4) The Alteration Clause shall be exercisable should it become apparent that the actual revenue will not meet the anticipated revenue as provided in the Annual Budget.
    • §IV.19(5) The Executive Measure altering the provisions of the Annual Budget shall only be capable of reducing the spending of the Public Administration.
    • §IV.19(6) Under no circumstances shall the Cabinet lower the remuneration of Judges unless with the express and informed consent of the Secretariat of the Judiciary.
  • §IV.20. The Annual Budget shall constitute the only source of financial provisions for the Public Administration.
    • §IV.20(1) The Annual Budget shall be financed from the State Treasury maintained by the Department of Treasury.
    • §IV.20(2) No provision of the Annual Budget shall provide for any spending which is not authorised by this Constitution.
    • §IV.20(3) The Annual Budget shall be calculated using realistic assumptions as to the anticipated revenue so that the anticipated revenue does not exceed the actual revenue.
    • §IV.20(4) The size of the Annual Budget shall not exceed the previous year’s actual revenue.
    • §IV.20(5) Should the funds gathered in the State Treasury not be able to cover the deficit, all Assembly Representatives who voted in favour of the Financial Bill shall cover the remaining difference with their own personal assets, divided equally.
  • §IV.21. All Bills which have been passed by the Assembly in accordance with the provisions of this Article shall be considered by the Council.
    • §IV.21(1) The Council shall be composed of Individuals who hold shares of the Fund of the Free Republic of Liberland.
    • §IV.21(2) No Person holding any public office whatsoever shall have the right to participate in the business of the Council irrespective of any shareholding.
    • §IV.21(3) The position of the Councillor shall not be considered to be public office.
    • §IV.21(4) The Councillors shall not receive any remuneration for their service.
  • §IV.22. The Council shall debate and vote on all Bills passed by the Assembly.
    • §IV.22(1) The Council shall regulate its own voting procedures.
    • §IV.22(2) The Council shall be in session in perpetuity and independently from the Assembly.
    • §IV.22(3) Should a Bill be rejected by the Council, it shall be discarded.
    • §IV.22(4) Should a Bill be approved by the Council, it shall proceed to the consideration by the Supreme Court.
  • §IV.23. All ordinary Bills, Treaty Bills and Financial Bills passed by the Assembly and the Council and approved as constitutional by the Supreme Court shall be subject to the right of general veto by the Citizens as expressed in a referendum.
    • §IV.23(1) Such referendum shall be triggered by the request of 5% of the overall number of Citizens registered to vote at the time of the last General Election, and shall be submitted within sixty days after the Bill was declared constitutional by the Supreme Court.
    • §IV.23(2) The Bill shall be deemed vetoed unless a simple majority of all Citizens taking part in the referendum vote “Aye”.
  • §IV.24. All Constitutional Bills and Land Bills passed by the Assembly and the Council and approved as constitutional by the Supreme Court shall be subject to a mandatory referendum.
    • §IV.24(1) The mandatory referendum shall take place within sixty days after the Bill was declared constitutional by the Supreme Court.
    • §IV.24(2) The Bill shall be deemed vetoed unless a majority of two-thirds of all Citizens taking part in the referendum vote “Aye”.
  • §IV.25. Any Bill vetoed by the Citizens in the referendum shall be considered void.
    • §IV.25(1) Should an ordinary Bill or a Treaty Bill be vetoed, neither it nor any substantially similar Bill shall be resubmitted to the Assembly for at least three years.
    • §IV.25(2) Should a Constitutional Bill or Land Bill be vetoed, neither it nor any substantially similar Bill shall be resubmitted to the Assembly for at least seven years.
    • §IV.25(3) Should a Financial Bill be vetoed, the provisions of the Annual Budget adopted the previous year shall apply.
  • §IV.26. A Bill shall become “Passed” upon passage by the Assembly and the Council in accordance with the provisions of this Article pending the consideration by the Supreme Court.
  • §IV.27. A Bill shall become “Under Consideration” upon the declaration of constitutionality by the Supreme Court in accordance with the procedure laid down in Article VI pending the consideration by the Citizens.
  • §IV.28. A Bill shall become the law of the Free Republic of Liberland, and shall be known as “Act”, once it has become “Under Consideration” in accordance with §IV.27., and either sixty days have passed and no referendum has been called in accordance with §IV.24., or on the day the Bill obtained the assent of the Citizens in referendum under §IV.23. or §IV.24.
  • §IV.29. An Act shall enter into force on a date prescribed therein but no sooner than after at least thirty days of vacatio legis from the date it became the law of the Free Republic of Liberland in accordance with §IV.28.

Article V: The Executive Power

  • §V.1. The executive power in the Free Republic of Liberland shall be vested in the Cabinet.
  • §V.2. The Cabinet shall be formed and presided over by the Chancellor, who shall be the Head of State.
    • §V.2(1) The Cabinet shall be composed of the Chancellor, the five Secretaries of States, Under-Secretaries of State and any other Members the Chancellor may determine.
    • §V.2(2) All Members of the Cabinet shall receive remuneration for their service as provided in the Annual Budget.
    • §V.2(3) No Person shall hold the office of Member of the Cabinet whilst holding any other public office within the legislative or judicial branch of the Public Administration concurrently.
    • §V.2(4) Should the Chancellor, or Vice-Chancellor where applicable, cease to hold his or her office, all other Members of the Cabinet shall immediately cease to hold their offices.
    • §V.2(5) Should the Chancellor, or Vice-Chancellor where applicable, resign, the Assembly shall elect a new Chancellor in accordance with Article IV.
  • §V.3. Should the Chancellor become unable to perform his or her duties, the other Members of the Cabinet shall, amongst themselves, elect the Vice-Chancellor with a simple majority vote.
    • §V.3(1) The inability of the Chancellor to perform one’s duties shall be declared by the Supreme Court upon request by a simple majority of all Members of the Cabinet.
    • §V.3(2) The Vice-Chancellor shall perform the duties of the Chancellor until his or her return or resignation upon a Motion of No Confidence passed by the Assembly in accordance with Article IV.
    • §V.3(3) Where the Vice-Chancellor has reasonable grounds to question the ability of the Chancellor to reassume the office, he or she shall have the power to postpone his return until such time as the Supreme Court determines the issue.
  • §V.4. The Cabinet shall fully, consistently and in good faith execute all laws passed by the Assembly in accordance with Article IV.
  • §V.5. The Cabinet, on behalf of the Free Republic of Liberland, shall seek economic cooperation with other Nations and shall not interfere with internal matters of such Nations by means other than diplomacy.
  • §V.6. The Chancellor, on behalf of the Cabinet, shall once a year, on the thirteenth day of April, publicly give to the Assembly information on the State of the Republic, and recommend to their consideration such measures as the Cabinet shall judge necessary thereby initiating a legislative procedure in accordance with Article IV.
  • §V.7. The powers of the Members of the Cabinet shall be restricted to the following only:
    • §V.7(1) to run day-to-day state affairs;
    • §V.7(2) to initiate a legislative procedure;
    • §V.7(3) to protect and promote the interests of the Free Republic of Liberland worldwide;
    • §V.7(4) to sign international treaties provided the Supreme Court confirms the constitutionality of such treaties;
    • §V.7(5) to produce byelaws in the form of Executive Measures under the powers expressly granted by Acts of the Assembly;
    • §V.7(6) to appoint the most senior Justice of the Supreme Court for the position of the new Chief Justice of the Supreme Court;
    • §V.7(7) to appoint a current or former Judge of the Civil Court or the Criminal Court for the position of Justice of the Supreme Court;
    • §V.7(8) to maintain the State Treasury;
    • §V.7(9) to appoint the Chief Public Prosecutor and the Chief Attorney of the Republic;
    • §V.7(10) to supervise all Agents of the executive branch of the Public Administration;
    • §V.7(11) to bestow honours and awards on Persons who have achieved a great deal in service of Liberland and/or the idea of liberty worldwide;
    • §V.7(12) to appoint and remove the Chief Commissioner;
    • §V.7(13) to be the Commander-in-Chief of the voluntary Territorial Defence force, should it be constituted;
    • §V.7(14) to grant citizenship of the Free Republic of Liberland.
  • §V.8. The Cabinet shall consist of the following Departments only:
    • §V.8(1) Department of Justice;
    • §V.8(2) Department of Internal Affairs;
    • §V.8(3) Department of Security;
    • §V.8(4) Department of Foreign Affairs;
    • §V.8(5) Department of Treasury.
  • §V.9. No special Department shall be established, nor shall any Department operate outside its jurisdiction.
    • §V.9(1) Departments shall act directly or through their Agencies as established by law.
    • §V.9(2) Agencies shall be supervised by their Departments and shall be headed by Directors appointed by the responsible Secretary of State or the Chancellor himself or herself.
    • §V.9(3) No Agency shall operate outside its own jurisdiction or the jurisdiction of its Department.
  • §V.10. Each Department shall be headed by the Secretary of State for the respective Department.
    • §V.10(1) All Secretaries of State shall answer to the Chancellor and shall be removable from the office by the Chancellor at any time.
    • §V.10(2) All Secretaries of State may appoint and remove up to five Under-Secretaries of State for their Departments who shall act as their deputies supervising a specific section of the work of the Department.
  • §V.11. The Chief Attorney of the Republic shall be independent and shall head the Office of the Chief Attorney of the Republic.
    • §V.11(1) The Chief Attorney of the Republic shall be appointed by the Chancellor for a term of six years.
    • §V.11(2) The Chief Attorney of the Republic shall have the power to request the Supreme Court to issue a declaration as to the law or the Constitution.
    • §V.11(3) The Office of the Chief Attorney of the Republic shall employ Attorneys of the Republic who shall represent all bodies of the Public Administration in all civil proceedings.
    • §V.11(4) The Chief Attorney of the Republic shall have the power to apply to the Civil Court to issue Publication Orders preventing any natural or legal Person from publishing and/or sharing any information which would undermine the secrecy of any information classified as a state secret in accordance with this Constitution.
    • §V.11(5) The Chief Attorney of the Republic shall have the power to appoint Members of the Judicial Appointment Commission.
    • §V.11(6) The Chief Attorney of the Republic shall be under obligation to take all available measures to ensure the Cabinet is provided with precise and impartial advice as its powers and obligations under the Constitution, international law and current domestic law of the Free Republic of Liberland.
  • §V.12. The Chief Public Prosecutor shall be independent and shall head the Office of the Chief Public Prosecutor.
    • §V.12(1) The Chief Public Prosecutor shall be appointed by the Chancellor for a term of six years.
    • §V.12(2) The Chief Public Prosecutor shall be removable from the office by the Citizens with a majority of two-thirds vote in a referendum called by 10% of the overall number of Citizens registered to vote at the time of the last General Election.
    • §V.12(3) The Office of the Chief Public Prosecutor shall employ Public Prosecutors acting in accordance with Article VI.
    • §V.12(4) The Chief Public Prosecutor shall be under obligation to take all available measures to ensure all public prosecutions are undertaken in good faith and in the interest of a Victim or the Citizens, where applicable.
  • §V.13. The Chief Commissioner shall supervise the work of Law Enforcement.
    • §V.13(1) The Chief Commissioner shall be appointed by the Chancellor for a term not exceeding six years and shall answer to the Chancellor and shall be removable from the office by the Chancellor at any time.
    • §V.13(2) The Chief Commissioner shall be removable from the office by the Citizens with a majority of two-thirds vote in a referendum called by 10% of the overall number of Citizens registered to vote at the time of the last General Election.
    • §V.13(3) The Chief Commissioner shall have the power to apply to the Civil Court to issue Publication Orders preventing any natural or legal Person from publishing and/or sharing any information which would jeopardise any Agent of Law Enforcement operating undercover pursuant to a Warrant.
    • §V.13(4) The Chief Commissioner shall be under obligation to take all available measures to ensure the enforcement of law in the Free Republic of Liberland by Law Enforcement is conducted in the least intrusive and most peaceful manner possible.
  • §V.14. The Chief Public Prosecutor, Chief Attorney of the Republic and the Chief Commissioner shall not be deemed Members of the Cabinet.
    • §V.14(1) No Person shall hold the office of the Chief Public Prosecutor, Chief Attorney of the Republic or the Chief Commissioner whilst holding any other public office concurrently.

Article VI: The Judicial Power

  • §VI.1. The judicial power of the Free Republic of Liberland shall be vested in the Courts of Law.
  • §VI.2. The Courts of Law shall consist of the Civil Court, Criminal Court and the Supreme Court.
  • §VI.3. The Courts of Law shall first and foremost protect the Rights of Citizens and Residents of the Free Republic of Liberland by upholding the Constitution and any laws passed in accordance therewith.
  • §VI.4. The Judges of the Courts of Law shall regulate their own affairs within the Secretariat of the Judiciary.
    • §VI.4(1) The Secretariat of the Judiciary shall be headed by the Chief Justice of the Supreme Court.
    • §VI.4(2) The Secretariat of the Judiciary shall supervise all Agents of the judicial branch of the Public Administration.
    • §VI.4(3) No Agent of Law Enforcement shall enter the premises of any Court of Law unless with the express and informed consent of the Secretariat of the Judiciary or pursuant to the Supreme Warrant.
  • §VI.5. The Judges of the Courts of Law shall be independent and shall not be removable by any other branch of the Public Administration.
    • §VI.5(1) The remuneration of the Judges shall not be lowered without the express and informed consent of the Secretariat of the Judiciary.
    • §VI.5(2) No Judge of any Court of Law shall be arrested for any period whatsoever unless pursuant to the Supreme Warrant or under exigent circumstances where there is a direct threat to others or where vital evidence may be destroyed.
    • §VI.5(3) Where a Judge is placed under arrest without the Supreme Warrant, the Chief Justice of the Supreme Court shall be immediately notified about the detainment and shall have the power to order immediate release of the detained Judge.
    • §VI.5(4) Should the Chief Justice of the Supreme Court be the Judge arrested, the most senior Justice of the Supreme Court shall be informed of the detention and shall have the power to order the immediate release of him or her.
    • §VI.5(5) The Supreme Warrant shall be issued by the Chief Justice of the Supreme Court, or by at least three Justices of the Supreme Court acting together, upon request by the Office of the Public Prosecutor supported by clear and convincing evidence of an alleged offence.
  • §VI.6. The Judicial Appointment Commission shall appoint qualified lawyers for the positions of Judges of the Civil Court and the Criminal Court.
    • §VI.6(1) The Judicial Appointment Commission shall be composed of nine members who shall hold their office for a term of six years:
    • §VI.6(1)(a) three members appointed by the Chief Justice of Supreme Court;
    • §VI.6(1)(b) three members appointed by the Chief Attorney of the Republic;
    • §VI.6(1)(c) three members elected by the Citizens.
    • §VI.6(2) The Judicial Appointment Commission shall sit en banc and it shall reach its decisions with no fewer than seven votes.
    • §VI.6(3) No Person shall hold the office of any Judge of any Court of Law whilst holding any other public office within the legislative or executive branch of the Public Administration concurrently.
  • §VI.7. The Judicial Appointment Commission shall have the power to remove Judges of the Courts of Law from their position.
    • §VI.7(1) The Judicial Appointment Commission shall have the power to inquire into alleged misconduct of any Judge of the Civil Court or the Criminal Court and may remove any such Judge from the office upon a proven case of gross misconduct or intentional procurement of the miscarriage of justice.
    • §VI.7(2) The Judicial Appointment Commission shall have the power to subpoena Judges of the Civil Court and the Criminal Court and Agents of the Public Administration to hear testimonies given under oath.
    • §VI.7(3) The Judicial Appointment Commission shall have the power to inquire into the justifiability of Warrants and Orders issued by any Judge of the Civil Court or Criminal Court and may remove any such Judge from the office upon proving that a significant number of Warrants or Orders have been issued with exceeding leniency.
    • §VI.7(4) Should the Judicial Appointment Commission find evidence of any criminal conduct, it shall be passed to the Office of the Chief Public Prosecutor; testimonies given in breach of oath shall be prosecuted in a regular manner in the Criminal Court.
    • §VI.7(5) The Judicial Appointment Commission shall have the power to declare any Judge of any Court of Law to be unable to continue to hold his or her office due to very poor health or old age but not before the age of eighty-five.
  • §VI.8. The Supreme Court shall be composed of four Justices of the Supreme Court and the Chief Justice of the Supreme Court who shall preside over the Court.
    • §VI.8(1) The Supreme Court shall at all times give hearing en banc and reach its decisions with a simple majority unless required otherwise in this Constitution.
    • §VI.8(2) All verdicts of the Supreme Court shall be binding upon the parties to the proceedings and the Civil Court and the Criminal Court on the point of law in all future proceedings where applicable.
    • §VI.8(3) Should the office of any of the Justices of the Supreme Court become vacant, the Chancellor shall appoint a current or former Judge of the Criminal Court or the Civil Court for the position for life.
    • §VI.8(4) Should the office of the Chief Justice of the Supreme Court become vacant, the Chancellor shall appoint the most senior Justice of the Supreme Court for the position for life.
    • §VI.8(5) The Chief Justice or any Justice of the Supreme Court shall nevertheless be removable from their position by the Citizens with a majority of two-thirds vote in a referendum called by 10% of the overall number of Citizens registered to vote at the time of the last General Election or by the Judicial Appointment Commission as described in this Constitution.
    • §VI.8(6) Should any Justice or the Chief Justice of the Supreme Court have any personal interest in a case before the Court, he or she shall recuse him or herself from the proceedings, in which case, his or her place shall be temporary taken by the most senior of Judges of the Civil Court and the Criminal Court who has not been involved in the case before it is heard by the Supreme Court.
  • §VI.9. The Supreme Court shall have compulsory appellate and inherent jurisdiction as prescribed in this Constitution and powers to issue warrants, injunctions and other orders as prescribed by law.
    • §VI.9(1) The Supreme Court shall, upon a petition for the writ of certiorari, hear appeals from the Civil Court and the Criminal Court on the point of law, material procedural irregularity or severity of sentence.
    • §VI.9(2) The Supreme Court shall, upon a petition for the writ of coram nobis submitted by a Person convicted in the Criminal Court, hear appeals from that Court on the point of fact where materially new information has subsequently come to light.
    • §VI.9(3) The Supreme Court shall have inherent jurisdiction to issue declarations as to the law and Constitution upon request by the Chief Attorney of the Republic.
    • §VI.9(4) The Supreme Court shall have inherent jurisdiction to review the prima facie constitutionality of all Bills passed in accordance with Article IV which shall take place within ninety days and no Bill shall become the law of the Free Republic of Liberland unless the Supreme Court, unanimously, declares the Bill to be constitutional.
    • §VI.9(5) Should a Bill be declared unconstitutional by reason only of parts of the Bill which may reasonably be excised from the whole, the Supreme Court shall send the remainder of such Bill to the Assembly which may pass a resolution authorising the remainder of the Bill proceed for consideration of Citizens as provided in Article IV.
    • §VI.9(6) The Supreme Court shall retain the power to strike down any provision of any Act as unconstitutional at any criminal or civil proceedings notwithstanding the declaration of the prima facie constitutionality; such provision shall be disapplied on the appeal in question and shall be deemed no longer in force at the time the verdict is given.
    • §VI.9(7) The Supreme Court shall have inherent jurisdiction to review the constitutionality of all international treaties the Cabinet intends to sign and no international treaty shall be signed unless the Supreme Court, unanimously, declares the treaty to be constitutional.
    • §VI.9(8) The Supreme Court shall have inherent jurisdiction to review the validity of any election or referendum upon the request of one-quarter of the overall number of Assembly Representatives or 3% of the overall number of Citizens registered to vote at the time of the last General Election.
    • §VI.9(9) The Supreme Court shall have inherent jurisdiction to rule on the Chancellor's ability to perform his or her duties upon request by a simple majority of all Members of the Cabinet or the Vice-Chancellor.
    • §VI.9(10) In all ex parte proceedings resulting from the inherent jurisdiction of the Supreme Court, the Court shall hear submissions which are of relevance for the outcome of the determination from the Cabinet and any association composed of no fewer than thirty Citizens, where volunteered, in the form of amicus curiae briefs.
  • §VI.10. The Civil Court shall have jurisdiction to adjudicate all disputes concerning contracts which were made under, and civil wrongs which took place within, the jurisdiction of the Free Republic of Liberland.
    • §VI.10(1) The jurisdiction of the Civil Court shall not be ousted by any contract unless fair arbitration proceedings are envisaged in case of dispute.
    • §VI.10(2) The fairness of arbitration proceedings shall be judged in reference to proceedings taking place before the Civil Court and, if questioned, may be subject to a challenge in this Court.
    • §VI.10(3) Contracts may require parties to attempt mediation before the jurisdiction of the Court becomes exercisable.
    • §VI.10(4) The Civil Court shall have jurisdiction to adjudicate all disputes between Citizens or Residents of the Free Republic of Liberland and any body of the Public Administration.
    • §VI.10(5) The Civil Court shall have jurisdiction to adjudicate all disputes between two or more bodies of the Public Administration.
    • §VI.10(6) The Civil Court shall have jurisdiction to hear cases concerned with the well-being of Minors and Persons lacking mental capacity.
    • §VI.10(7) The Civil Court may adjudicate civil disputes concerning contracts made outside the jurisdiction of the Free Republic of Liberland provided such jurisdiction has been conferred upon it by law.
    • §VI.10(8) All disputes concerning subject matter of small value as prescribed by law shall be adjudicated by one Judge whereas all other disputes shall be adjudicated by a panel of three Judges reaching a decision with a simple majority.
    • §VI.10(9) The Civil Court shall have the power to issue Publication Orders and other Orders in accordance with this Constitution and warrants, injunctions and other orders as prescribed by law.
  • §VI.11. The Victim of an alleged criminal offence shall have the inherent right to institute a Private Prosecution of an accused Person.
    • §VI.11(1) The Private Prosecution may be instituted by the Victim in person or by appointed Proxy on her or his behalf.
    • §VI.11(2) Proxy may be any legal or natural Person expressly appointed by the Victim, whether inter vivos or in a last will, to be in charge of the prosecution in question.
    • §VI.11(3) Should the Victim be a Minor or a Person lacking mental capacity, his or her Guardian shall be deemed to be a Proxy unless he or she is involved in the commission of the relevant offence in which case a Public Prosecution may be instituted.
    • §VI.11(4) The Victim or appointed Proxy may request the Office of the Public Prosecutor to institute a Public Prosecution free of charge on her or his behalf in which case the Office of the Public Prosecutor shall be under obligation to institute such prosecution where evidence is sufficient.
    • §VI.11(5) Where a Public Prosecution is instituted on behalf of the Victim or the Proxy, he or she shall have the right:
    • §VI.11(5)(a) to be notified about the schedule of the judicial proceedings;
    • §VI.11(5)(b) to address the Criminal Court before the sentence is determined;
    • §VI.11(5)(c) to be advised of release from custody or escape of the defendant.
  • §VI.12. Should an alleged criminal offence leave no Victim or Proxy capable of instituting a Private Prosecution, the Office of the Public Prosecutor shall have the power to institute a Public Prosecution on behalf of the Citizens.
    • §VI.12(1) Should a criminal offence be allegedly committed by a Member or Agent of the Public Administration in the course of his or her official duties, and no Public Prosecution has been brought within a reasonable time, a Private Prosecution may be brought by any association composed of no fewer than thirty Citizens.
    • §VI.12(2) Where a Private Prosecution is instituted in place of a Public Prosecution, the Office of the Public Prosecutor shall fully cooperate with the association in charge of the proceedings.
  • §VI.13. All criminal offences shall be tried in the Criminal Court before a Judge with a panel of Jury to give a verdict of “Guilty” or “Not guilty”.
    • §VI.13(1) The Jury shall be composed of twelve impartial Citizens drawn randomly from the Electoral Register.
    • §VI.13(2) The Jury shall determine the facts and render the verdict according to the law under the direction of the Judge.
    • §VI.13(3) The Jury shall deliberate in camera and shall not be required to disclose reasons behind the verdict or be reprimanded for it.
    • §VI.13(4) The Jury shall, under all circumstances, retain the unequivocal right to acquit and shall be informed of this right.
    • §VI.13(5) An acquittal of a defendant by the Jury shall be final and no appeal from such a verdict shall be allowed.
    • §VI.13(6) The Jury shall reach its decisions with no fewer than eleven votes.
    • §VI.13(7) The Jury shall render the verdict free from any form of coercion and, should the situation require, the Judge may order sequestration of the Jurors in order to ensure their independence.
    • §VI.13(8) The Judge shall have the power to order a retrial where the Jury is not able to render a verdict with eleven votes within reasonable time or where he or she has reasonable grounds to question its independence.
    • §VI.13(9) All defendants who have been convicted by the Jury shall be sentenced by the Judge as prescribed by law.
    • §VI.13(10) The Criminal Court may exercise jurisdiction over international crimes provided it has been conferred upon it by law and only if the accused is present within the jurisdiction of the Free Republic of Liberland.
    • §VI.13(11) The Criminal Court shall have the power to issue Warrants as prescribed by this Constitution and injunctions and other orders as prescribed by law.
  • §VI.14. Any civil and criminal proceedings shall be preceded by a Preliminary Hearing held by one Judge of the relevant Court.
    • §VI.14(1) A defendant at a Preliminary Hearing shall enter his or her positions in relation to the claim or prosecution brought against him or her.
    • §VI.14(2) The Judge at a Preliminary Hearing shall have the power to issue preliminary Warrants and Orders within the powers of the relevant Court which shall be reviewable at a full trial.
    • §VI.14(3) The Judge at a Preliminary Hearing shall review the prima facie validity of the claim or prosecution and shall dismiss the case before it proceeds to a full trial where:
    • §VI.14(3)(a) no probable cause has been proven to the satisfaction of the Court;
    • §VI.14(3)(b) he or she is satisfied that the claim or prosecution would be contrary to the Constitution;
    • §VI.14(3)(c) defendant's procedural rights as laid down in the Constitution and/or any laws passed in accordance therewith have been violated and such a violation has prejudiced his or her case.
    • §VI.14(4) Should a claim or a prosecution be dismissed as frivolous at a Preliminary Hearing, the plaintiff or the prosecutor shall ordinarily be ordered to cover all reasonable expenses of the defendant connected to his or her legal defence as well as all court fees unless there is compelling reason otherwise.
  • §VI.15. No Person shall have his or her physical liberty restricted unless pursuant to a decision of the Courts of Law in the following circumstances:
    • §VI.15(1) Upon a conviction in the Criminal Court by the Jury;
    • §VI.15(2) Upon an Order of the Civil Court committing a Person lacking mental capacity to a mental health institution;
    • §VI.15(3) Upon an Order of the Civil Court providing for medical isolation of a Person suspected of being infected with any highly contagious and deadly disease;
    • §VI.15(4) Upon an Order of the Civil Court committing a Minor to an in-house care;
    • §VI.15(5) Upon an Order of the Civil Court providing for further detention of a Resident pending deportation proceedings;
    • §VI.15(6) Upon a decision of any Court of Law to commit any Person to prison for no more than seven days for a contempt of court committed either by disruption of judicial proceedings or by disobeying a Court order.
    • §VI.15(7) Should such Person disobey the same order of a Court more than once, he or she shall be tried in a regular manner for a criminal offence as regulated by law and not limited to a seven-day imprisonment.
    • §VI.15(8) Nothing in this provision shall affect the powers of arrest, short-term detention of a Resident pending deportation proceedings or sequestration of Jurors as enumerated in this Constitution.
  • §VI.16. No special commission, tribunal or court not recognised by this Constitution shall be established.
  • §VI.17. All powers, and restrictions placed thereon, of the Civil Court and the Criminal Court shall equally apply to the Supreme Court upon appeals from such Courts.

Chapter 3: Bill of Rights

The Bill of Rights shall constitute an integral part of the Constitution and shall be binding upon all branches of the Public Administration and its Members and Agents both within and outside the jurisdiction of the Free Republic of Liberland.

Article VII: Voting Rights

THE RIGHTS OF THE CITIZENRY SHALL BE SECURED

  • §VII.1. Any Person who fulfills relevant requirements, as prescribed by law, shall be eligible to obtain citizenship of the Free Republic of Liberland; should a Person be born to parents of whom more than one is a Citizen, he or she shall automatically be entitled to citizenship thereof; multiple citizenship shall be allowed.
  • §VII.2. No Citizen shall be deprived of his or her citizenship unless by the Criminal Court upon conviction for a criminal offence and as a part of punishment as prescribed by law; no Person shall be rendered stateless in any event.
  • §VII.3. All Individuals who hold citizenship of the Free Republic of Liberland shall have the right to private registration and confidential ballots in all elections and referendums in the Free Republic of Liberland; such registration shall be executed by entering one’s name into the Electoral Register; keeping one’s name in the Electoral Register may entail certain obligations as prescribed by law; taking part in all elections and referendums shall be voluntary; no Person shall be compelled to vote in a specific manner, nor shall any Person be reprimanded for the manner in which the vote was cast; all elections and referendums shall be valid only if free from any coercion and fraud.
  • §VII.4. No Persons other than Individuals above the age of twenty-one who hold citizenship of the Free Republic of Liberland and have never been convicted of the criminal offence of breach of the Constitution or of any law related to his or her previous official position shall have the right to submit his or her candidacy for a public office.
  • §VII.5. 3% of the overall number of Citizens registered to vote at the time of the last General Election shall have the right to, within seven days of the publication of the results, request the Supreme Court to review the validity of any election or referendum held in the Free Republic of Liberland; such right shall also be vested in one-quarter of the overall number of Assembly Representatives; should the Supreme Court find any evidence of erroneous and/or fraudulent conduct, it shall have the power to declare such election or referendum invalid and order it anew.

Article VIII: Free Speech Rights

THE FREEDOM OF EXPRESSION AND ACCESS TO INFORMATION SHALL BE SECURED

  • §VIII.1. All Individuals shall have the right to upload, transmit, display, access and publish any form of material in any medium of exchange of information; materials depicting Minors and Persons lacking mental capacity as well as rules governing accessing different forms of information by Non-Individuals shall be subject to control by the law; information classified as a state secret or related to the work of the Agents of Law Enforcement operating undercover pursuant to a Warrant shall be subject to control as prescribed in the Constitution.
  • §VIII.2. All Persons shall have the right to free expression; such freedom of expression shall be allowed in all public areas within the Free Republic of Liberland.
  • §VIII.3. No Person shall be convicted of any criminal offence for any statement of opinion, whether offensive or otherwise; nor shall any Person have a civil lawsuit brought against him or her for any statement of opinion or of facts unless such a statement of facts was materially false, made publicly and in malice.
  • §VIII.4. All Individuals shall have the right to assemble peaceably, including in all public areas of the Free Republic of Liberland, providing that neither the passageway of Persons through major communication infrastructure, nor constitutional functions of the Public Administration, are obstructed.
  • §VIII.5. All Individuals shall have the right to act collectively by forming associations, in any form whatsoever, including as a separate legal entity.
  • §VIII.6. No law shall prohibit video and/or audio recording where there is no reasonable expectation of privacy, including Agents of the Public Administration; nothing in this provision shall be construed as to allow for general surveillance by the Public Administration.
  • §VIII.7. The Public Administration shall (a) record and transmit video and audio of, (b) publish and archive documents of, and (c) render available to the general public to attend, all affairs of the Assembly and all proceedings before the Courts of Law other than those concerned with Warrants, both scheduled and completed; all documents officially produced by any Member of the Cabinet shall also be published within twenty-four hours; nothing in this provision shall prevent the Public Administration from protecting information classified as a state secret, including the debate and vote on such a classification.
  • §VIII.8. All Individuals shall have the right of free-of-charge access to information which relates to any aspect of the functioning of the Public Administration which is not classified as a state secret or relates to the work of Law Enforcement pursuant to any Warrant and in so far as it does not contain any private personal information; information shall be classified as a state secret by a responsible Secretary of State with the express and informed consent of two-thirds of the overall number of Assembly Representatives as discussed in camera, and for the purposes of national security only, and for a period not exceeding one year.

Article IX: Property Rights

THE RIGHT TO PROPERTY AND FREEDOM OF CONTRACT SHALL BE SECURED

  • §IX.1. No form of taxation shall be introduced within the Free Republic of Liberland, nor shall any periodic fees, other than the Fee on land as provided in Land Acts, be imposed on any natural or legal Person for any reason; only spontaneous fees for services provided by the Public Administration and fines imposed as punishment for culpable behaviour shall be allowed; nor any form of duty on goods, services and/or capital exported from, or imported into, the Free Republic of Liberland shall be introduced.
  • §IX.2. No law shall interfere with the validity and/or content of any contract made exclusively between Individuals and/or legal Persons; nor shall any law mandate or forbid any Individual to enter into contractual relations with any other Individual and/or legal Person, or any body of the Public Administration, nor shall it provide any financial incentive in that respect; nothing in this provision shall prevent the Courts of Law, or any body charged with arbitration proceedings, from modifying any contract in order to, and insofar as to, give effect to the provisions of this Constitution.
  • §IX.3. No Person shall have his or her property confiscated, whether tangible or intangible, either fully or partially, unless for the purpose of (a) such restitution as may lawfully be ordered, (b) lawfully levied fines, (c) payment of outstanding fees for services provided by the Public Administration as envisaged in the Constitution, (d) the Land Fee, (e) satisfaction of pre-existing debt or (f) execution of law which prohibits possession of such property.
  • §IX.4. No Person shall have his or her property temporarily seized or frozen unless (a) pursuant to a Warrant where such property is considered evidence in court proceedings, (b) pursuant to a Court order where there is reasonable suspicion that such property would be disposed of in order to frustrate any future verdict of the Court or (c) upon arrest where such property if found on the Person subject to the arrest.
  • §IX.5. No law shall regulate the use of private property; anything found in proximity under one’s land or growing naturally on it shall belong to the owner; nor shall any law restrict the use of one's land or natural resources found thereon unless such use would pollute the air, soil or water beyond the boundaries of one's property or remove support from the adjoining buildings.
  • §IX.6. No law shall abridge the right to issue and/or use any commodity or item as currency or provide any incentive in that respect unless any party to the transaction is legally prohibited from possessing such commodity or item; nothing in this provision shall prevent the Public Administration from issuing its own currency so long as all financial liabilities vis-a-vis the Public Administration may be satisfied in other selected currencies.
  • §IX.7. All Individuals shall have the right to exclude from their property any Person, including any Agent of Law Enforcement where acting without, or beyond the limits of, a Warrant; Persons in charge of any premises shall have the right to regulate the conduct of every Person on the property, other than Agents of Law Enforcement where acting pursuant to, and within the limits of, a Warrant.
  • §IX.8. All Persons shall have the right to fair compensation for any loss caused by any branch of the Public Administration acting pursuant to a provision of an Act which is subsequently declared unconstitutional by any Court of Law within one year; any loss caused by any Agent of the Public Administration acting contrary to the law or the Constitution, or in error, shall be personally compensated by such Agent; should said Agent not have the means to make such payment from her or his personal assets, the difference shall be met by the Public Administration, provided that the Agent shall remain liable to the Public Administration to repay such sums.

Article X: Privacy Rights

THE RIGHT TO PRIVACY AND PERSONAL DEVELOPMENT SHALL BE SECURED

  • §X.1. All private personal data collected by the Public Administration shall be used only for the purposes for which they were collected, shall be kept confidential and shared only with the express and informed consent of the all Persons to whom it relates, unless sharing such information is necessary for the performance of duties provided for under this Constitution; all Individuals whose data are stored by any body of the Public Administration other than Law Enforcement shall be entitled to obtain a copy of such data and require that they be destroyed if the purposes for which they were collected no longer apply; nothing in this provision shall prevent the Public Administration from storing data of Agents and Members of the Public Administration and any other legal or natural Person contracting therewith.
  • §VX.2. No Person shall have his or her privacy violated by freezing of assets, searches, seizures, surveillance, accessing and gathering of his or her private personal information without his or her express and informed consent, including obtaining it from third parties and/or using digital means, unless pursuant to, and within the limits of, a Warrant; all such Warrants shall contain a precise description of the assets to be frozen, the places or Persons to be searched, the things or Persons to be seized, the Persons to be put under surveillance, including the maximum period of that surveillance, and the data to be obtained and stored, including the period for which it may be retained; nothing in this provision shall prevent the collection of information which has been made available to the public or shared voluntarily.
  • §X.3. No Individual shall be required to register and/or share information about his or her whereabouts, be it permanent or temporary, assets, be it tangible or intangible, and/or signed contracts, be it employment, commercial or otherwise, unless pursuant to a Warrant; nor shall any Person be required to register and/or share information about any personal attributes such as medical conditions, fingerprints, DNA, religion, political affiliation or others unless pursuant to a Warrant.
  • §X.4. No law shall establish and/or regulate the institution of marriage made exclusively between Individuals; nor shall any law restrict an Individual’s testamentary freedom; nothing in this provision shall prevent the Assembly from regulating inheritance where no valid will has been produced.
  • §X.5. All Individuals shall have the right to control their own bodies; no Individual shall be subjected to any medical treatment without his or her express and informed consent absent exigent circumstances where an Individual is incapable of consenting; should life-saving experimental treatment become available at the time a Person is incapable of giving his or her consent, a medical practitioner shall be allowed to apply to the Civil Court for the permission to conduct such treatment.
  • §X.6. No Individual shall be stopped by any Agent of the Public Administration and compelled to answer any questions as to the cause of his or her present whereabouts or any future plans or to identify himself or herself to any such Agent, unless upon (a) a valid arrest, (b) a probable cause of a violation of the law, (c) the crossing of the border of the Free Republic of Liberland or (d) a Warrant, Court order or subpoena.
  • §X.7. All Persons held against their will by the Public Administration under any circumstances whatsoever shall have the right to communicate with relatives and other Persons as may be prescribed by law, in person and/or using indirect means of communication; should there be reasonable suspicion that so doing is likely to interfere with the course of justice or jeopardise the confidentiality of information classified as a state secret, a Warrant preventing such communication may be issued.

Article XI: Fair Trial Rights

THE RIGHTS OF PERSONS IN CRIMINAL PROCESS SHALL BE SECURED

  • §XI.1. No Person shall be convicted of any criminal offence for, or have a civil claim brought against on the basis of, any act or omission which is alleged to have caused any form of non-physical bodily injury unless such an injury amounts to a recognised severe and prolonging mental illness.
  • §XI.2. No Person shall be convicted of any criminal offence by virtue of mere association with other Persons suspected or found guilty of the same or related offence; some form of active participation in the commission of such an offence must be proven before the Court; nor shall any Person be convicted of any criminal offence for merely considering potential commitment of an offence, whether by himself or herself or together with others; some form of active planning of such an offence must be proven before the Court; no Person shall be convicted of any criminal offence which would not require any form of guilty mind as a mens rea.
  • §XI.3. No Person shall be required to pay excessive bail and/or fines; nor shall the Criminal Court sentence a defendant who has been convicted of a criminal offence to prolonged incarceration should such offence alone have inflicted no harm on any Person.
  • §XI.4. No Person shall be convicted of any criminal offence if the only evidence incriminating the accused is testimony given by any number of Agents and/or Members of the Public Administration that is uncorroborated by any other physical and/or digital evidence, victim and/or third party witness testimony or voluntary confession; nothing in this provision shall prevent prosecution of any accused Person solely on the basis of testimony given by an Agent or Member of the Public Administration where he or she is the only victim of an alleged offence and the act or omission which gave rise to prosecution took place whilst not on duty.
  • §XI.5. No Person shall be convicted of more than one criminal offence created by an Act of the Assembly for one act or omission he or she is accused of; nor shall one be put twice in jeopardy of a penalty for the same offence unless by Private Prosecution where there is more than one Victim and in the absence of joint proceedings; nothing in this provision shall protect the Defendant from a mistrial ordered due to the inability of the Jury to render a verdict within reasonable time or a reasonable suspicion as to its independence.
  • §XI.6. No Person shall be convicted of any criminal offence for disclosure of any information classified as state secret should that piece of information prove or could be reasonably believed to prove that any Agent or Member of the Public Administration has breached, remains in breach of or intends to breach the law or the Constitution.
  • §XI.7. All defendants in criminal proceedings shall have the right to a speedy trial and sentencing; in any event, no Person shall be convicted of a criminal offence later than a year after a Warrant permitting the detention of such Person was executed in connection with that offence; should said Person escape or allegedly commit any subsequent criminal offence, he or she may be subjected to another full year of detention.
  • §XI.8. All defendants in criminal proceedings shall have the right to attend Court proceedings, to be informed of criminal charges and of his or her rights, to compel witnesses to appear in Court for examination, to examine all evidence gathered against him or her and to cross-examine all witnesses giving testimony against him or her about any issue that might be of relevance to the outcome of the proceedings; no testimony shall be admitted as evidence against any defendant which is not confirmed by the author himself or herself before the jury unless he or she is deceased or incapacitated.
  • §XI.9. All defendants in criminal proceedings shall have the right to be presumed innocent until proven guilty; the Prosecution shall at all times carry the legal burden of proof, discharged beyond reasonable doubt, in relation to the defendant's guilt, including disproving any defence envisaged by the law which he or she might raise; nothing in this provision shall prevent the creation of defences which require the defendant to discharge the evidential burden of proof by raising the issue of defence available to him or her.
  • §XI.10. All defendants in criminal proceedings and all Persons testifying in criminal investigations, testifying before the Assembly Committee and/or Judicial Appointment Commission shall not be compelled to bear witness against himself or herself, or other such Persons as may be prescribed by law, without any negative inference, unless where immunity from prosecution has been granted by the Prosecutor, the Committee, or Commission panel.
  • §XI.11. All Persons wishing to institute Private Prosecution or bring a civil claim on the basis of information classified as a state secret shall have the right to obtain such information provided they satisfy the Court upon Preliminary Hearing that such information is indispensable to proceed with the trial; all defendants in criminal and civil proceedings against whom classified information is employed shall have the right to examine such information; in cases where classified information is brought before the Court, the proceedings shall take place in camera and all Persons involved in such proceedings shall take an oath of secrecy for the period the relevant information remains classified.
  • §XI.12. All Persons held against their will by the Public Administration under any circumstances whatsoever shall have the right to be assisted by an effective legal counsel and an interpreter, should they not speak the language of interrogation or court proceedings, and in case of trial, to have reasonable time for the preparation of their case; services of a counsel and an interpreter shall be contracted personally or, in criminal proceedings where a Person is not able to afford it, they shall be provided by the Secretariat of the Judiciary with the possibility to subsequently recover reasonable expenses should a defendant be convicted and the verdict not be overturned by the Supreme Court.
  • §XI.13. No torture or cruel or degrading treatment shall be inflicted by any Agent or Member of the Public Administration or under the supervision or approval thereof against any Person; nor shall any experiments, medical or otherwise, be conducted against any Person without his or her express and informed consent; no Individual shall be medically examined or otherwise tested unless pursuant to a Warrant or with his or her express and informed consent.
  • §XI.14. No Agent of the Public Administration shall operate undercover without a Warrant, and such Warrant shall specify the purposes for which it was issued; no Agent whilst executing a Warrant shall exceed the scope of the authority expressly granted therein, nor shall any Agent acting undercover use any method of entrapment to obtain evidence incriminating any Person; once the function for which the Warrant was issued has been carried into effect or abandoned, the Agent shall disclose to the Court issuing the Warrant a full report of all actions undertaken and evidence gathered whilst acting undercover; no evidence obtained pursuant to a Warrant permitting an Agent to act undercover shall be admissible against any Person unless the aforementioned report and all evidence is disclosed to that Person and to the Court.
  • §XI.15. No evidence which has been obtained contrary to law or the Constitution shall be admitted in the Criminal Court, nor shall it constitute grounds for any Warrant, unless the violation was committed by a third party who did not act under the direction and/or supervision of any Agent or Member of the Public Administration; in any event, any Person responsible for acting contrary to the law shall be liable to prosecution and/or civil suit.
  • §XI.16. All Warrants for the purposes of criminal proceedings, other than the Supreme Warrant, shall be issued by a Judge of the Criminal Court upon request by an Agent of Law Enforcement and shall be supported by evidence of probable cause that a Person has committed or intends to commit a criminal offence; such Warrants shall be as detailed as possible and shall refer to one Person only; every Warrant granted for a continuous action shall expire no later than after six months and may only be renewed by another Judge in accordance with ordinary procedure; any Person subject to a Warrant shall be informed without delay of its execution or, in case of a Warrant for a continuous action, once such Warrant has expired and is not renewed.

Article XII: Physical Liberty Rights

THE RIGHT TO PHYSICAL LIBERTY AND FREE MOVEMENT SHALL BE SECURED

  • §XII.1. The powers of arrest in the Free Republic of Liberland shall not be exercised arbitrarily but only upon probable cause that the detainee (a) has committed or (b) is committing a criminal offence, or that he or she has been made, or is soon to be made, a subject of a Court Order regarding (c) a medical isolation on the account of a highly contagious and deadly disease, (d) an in-house care of a Minor, (e) an institutionalisation in a mental health facility, (f) deportation proceedings or (g) committal to prison for a breach of a Court order, and as such, is to be brought to trial or to the disposition of the appropriate authorities or the Court of Law respectively.
  • §XII.2. Agents of Law Enforcement executing arrests shall act openly and shall inform the detainee about the cause of his or her detention and of relevant rights he or she enjoys under this Constitution and any laws passed in accordance therewith; where a Person is placed under arrest, Agents of Law Enforcement shall immediately inform his or her close ones as prescribed by law about the detention.
  • §XII.3. No Person shall be placed under arrest for more than twenty-four hours without a Warrant; all Warrants for further detention shall be issued only where the accused (a) constitutes a direct and grave danger to others, (b) is likely to escape justice or (c) is likely to interfere with the investigation, and for no longer than necessary to bring him or her to trial; where the accused is already under arrest, he or she shall have the right to address the Court at the hearing regarding such a Warrant, either in person or by way of legal representation.
  • §XII.4. The primary power of arrest shall lie with Agents of Law Enforcement; in the absence of any such Agent, in exigent circumstances or pursuant to a public arrest warrant, a Person may be arrested by any Citizen or Resident of the Free Republic of Liberland for so long as reasonably necessary to allow an Agent of Law Enforcement to take custody of the detainee.
  • §XII.5. No Resident subject to deportation shall be detained for more than fourteen days unless pursuant to an Order of the Civil Court for further detention; such Orders shall be issued only where necessary due to the complexity of the deportation proceedings.
  • §XII.6. Any Person under reasonable suspicion by a medical practitioner of being infected with any highly contagious and deadly disease shall be subject to medical isolation pursuant to an Order of the Civil Court for such time as he or she remains a serious threat to the health or life of others.
  • §XII.7. No Person shall be detained or interrogated by any Agent of the Public Administration outside the jurisdiction of the Free Republic of Liberland.
  • §XII.8. All Persons held by any Agent or any body of the Public Administration against their will under any circumstances whatsoever shall have the right to petition the Criminal Court for a writ of habeas corpus.
  • §XII.9. No relationship amounting to slavery or any other form of involuntary servitude shall exist between any legal or natural Person and any other Person; no conscription or any other form of compulsory service shall be introduced by any branch of the Public Administration other than community work as ordered by the Criminal Court with respect to a sentence upon conviction; no Persons shall be convicted of any criminal offence for the failure to fulfil his or her contractual obligations.
  • §XII.10. All Persons arrested in error or contrary to the law or the Constitution shall have the right to fair compensation for the whole period of incarceration; all Persons placed under a valid arrest who have their charges subsequently dropped or dismissed at a Preliminary Hearing shall have the right to fair compensation for any and all days spent incarcerated from the twenty-fifth hour of detention onwards; such compensation shall be paid by the Secretariat of the Judiciary; Persons wrongfully convicted shall have a separate right to fair compensation as prescribed by law.

Article XIII: Due Process Rights

THE RIGHT TO DUE PROCESS OF LAW SHALL BE SECURED

  • §XIII.1. Whenever any dispute arises between any Person and any body of the Public Administration as to the existence or scope of any right held by such a Person vis-a-vis that body, such a dispute shall be adjudicated before the Courts of Law once the Person in question has exhausted all administrative appeal measures.
  • §XIII.2. All Executive Measures issued by the Cabinet may be subject to challenge in the Civil Court, in the absence of any Person specifically affected by them, by any association composed of no fewer than thirty Citizens; without prejudice to the appeal procedures, such challenge shall be admissible once only unless the original challenge was not genuine but brought in order to shield the defendant from liability or where a new challenge raises a different point of law.
  • §XIII.3. Any law creating any obligation vis-a-vis any Person, shall contain a precise definition of such obligation and all of its elements, a general scope of its application, available defences and the nature and minimum (if any) and maximum extent of punishment that may be imposed for its breach.
  • §XIII.4. No Person shall be threatened with, or subjected to, any punishment which has not been expressly provided for by an Act of the Assembly or the Constitution, nor shall any Person be punished for any act or omission which has not been expressly forbidden by an Act of the Assembly or the Constitution.
  • §XIII.5. No ex post facto law retroactively changing the legal consequences and/or status of actions that have been already committed, or relationships that already existed, before the enactment of said law shall be passed; nor shall any Person be subjected to any punishment which was not available at the time an act or omission for which the punishment is to be imposed was committed.
  • §XIII.6. All parties to any proceedings before any Court of Law shall be given a fair hearing in accordance with the rules of natural justice, based on the adversarial process with full equality of arms, before any verdict is rendered by the Court and subsequently shall be served with legal reasons behind such a verdict.
  • §XIII.7. Access to any Court of Law shall not be impeded by any excessive formal or financial requirements; nor shall any Person be prevented from acting in his or her case before the Civil Court or Criminal Court.
  • §XIII.8. All criminal offences shall be classified either as misdemeanours or felonies, attracting different nature and severity of punishment, and shall be enumerated in a single Criminal Code; all such offences, other than capital offences, shall have an expiration date upon which they shall no longer be prosecutable.

Article XIV: Equality Rights

THE EQUALITY OF PERSONS BEFORE THE LAW SHALL BE SECURED

  • §XIV.1. No Person, or group of Persons, shall be excluded from the operation of, or granted any privilege under, any law; nor shall any Person be denied equal protection under the law; nor shall any law be directed at any one or more identified Persons; nothing in this provision shall prevent the Agents and Members of the Public Administration and the Citizenry from enjoying certain special rights, powers and immunities as described in this Constitution and no others.
  • §XIV.2. No law shall promote any religion; nor shall any law impose any religious beliefs on any Person; no law shall hinder practising of any religion on any premises which do not belong to any body of the Public Administration; no religious symbols shall be displayed on any premises belonging to any body of the Public Administration, nor shall any religious practice impeding the work of such body be allowed on such premises.
  • §XIV.3. No law shall promote any gender; nor shall any law distinguish between genders unless such distinction is necessary owing to physiological differences between the sexes; all Persons shall be assigned their natural gender on birth; all Individuals shall have the right to change the gender assigned to them on birth without any excessive administrative burdens in a manner prescribed by law.
  • §XIV.4. No law shall introduce any quotas, whether based on gender, religion, race or other personal background, for any positions within any body of the Public Administration; all Persons applying for employment with the Public Administration shall be selected solely based on their merit as demonstrated by passing appropriate examinations and no other criteria shall be used; standards of all examinations conducted by any body of the Public Administration prior to offering employment shall equally apply to all Persons regardless of gender, religion, race or other personal background.

Article XV: Self-Defence Rights

THE RIGHT TO SELF-DEFENCE AND DEFENCE OF ONE’S RIGHTS AND PROPERTY SHALL BE SECURED

  • §XV.1. All Persons shall have the right to use reasonable force in defence against any Person, including any Agent of the Public Administration acting unlawfully or in error, or animal, posing a direct and true threat to (a) themselves, (b) their property or animals, (c) their Constitutional Rights and/or (d) any other Person; should such a threat arise on the property a Person is in charge of, he or she shall have the right to use any force deemed fit.
  • §XV.2. All Persons shall have the right to use reasonable force to remove from the property they are in charge of any Person who is trespassing on that property and refuses to leave once commanded, regardless whether such a Person poses any threat.
  • §XV.3. No Person acting within their right of self-defence as prescribed in the Constitution and any law passed in accordance therewith shall be convicted of any criminal offence or have any civil lawsuit brought against him or her by the Person initiating aggression in connection with any act or omission he or she might have committed in the course of exercising such a right.
  • §XV.4. All Individuals shall have the right to own, manufacture, sell, transfer, transport, bear and use any small arms, as defined internationally, arms accessories or ammunition, be they historic, contemporary and/or experimental, regardless of condition; the Person in charge of the premises shall determine whether arms may be carried on such premises except for Agents of Law Enforcement where acting pursuant to, and within the limits of, a Warrant.
  • §XV.5. Law Enforcement shall not be in disposition of any weaponry other than small arms equal to ones permitted to be in disposition of Individuals; should the voluntary Territorial Defence force be constituted, it shall not be in disposition of any weaponry other than small arms and light weapons, as defined internationally.
  • §XV.6. Voluntary Territorial Defence force may rise as a private initiative of the Citizens, such Territorial Defence shall have the Chancellor as its Commander-in-Chief; the Commander-in-Chief shall not have the power to unilaterally call or disband the Territorial Defence force in any event; the Territorial Defence force shall be used only to defend the borders of the Free Republic of Liberland against external enemies; under no circumstances shall it be used instead of, or in support of, Law Enforcement against Citizens and Residents of the Free Republic of Liberland.
  • §XV.7. Should the Territorial Defence force rise, it may operate within the one kilometre radius from the borders of the Free Republic of Liberland upon the order of the Commander-in-Chief; the Territorial Defence force may also operate within the ten kilometre radius from the borders of the Free Republic of Liberland upon the order of the Commander-in-Chief and the express and informed consent of two-thirds of the overall number of Assembly Representatives; the Territorial Defence force shall not operate outside the ten kilometres radius from the borders of the Free Republic of Liberland in any event; nor shall the Territorial Defence force take part in any collective international military operation whatsoever.

Article XVI: Cross-Border Rights

THE RIGHTS OF PERSONS CROSSING BORDER TO AND FROM THE FREE REPUBLIC OF LIBERLAND SHALL BE SECURED

  • §XVI.1. No Citizen shall be prevented from entering the territory of the Free Republic of Liberland under any circumstance whatsoever.
  • §XVI.2. No Person shall be prevented from leaving the jurisdiction of the Free Republic of Liberland unless pursuant to a Warrant on the grounds that criminal prosecution is being conducted against such Person and his or her presence in the Free Republic of Liberland is necessary for the prosecution to be effectuated.
  • §XVI.3. No Individual shall be prevented from residing in any part of the Free Republic of Liberland or moving freely throughout its territory.
  • §XVI.4. Any Resident of the Free Republic of Liberland without a valid leave to remain shall be subject to deportation.
  • §XVI.5. No Person shall be rendered to any state or group should there be a reasonable suspicion that the aforementioned may inflict on such Person torture or cruel or degrading treatment.
  • §XVI.6. Any Person seeking refuge in the Free Republic of Liberland shall only be admitted to the territory of the Free Republic of Liberland provided any one Citizen or association thereof financially vouch for his or her accommodation and maintenance and neither of those shall be provided by any body of the Public Administration.

Article XVII: Interests of Vulnerable Persons

THE INTERESTS AND RIGHTS OF MINORS AND PERSONS LACKING MENTAL CAPACITY SHALL BE SECURED

  • §XVII.1. No Person shall be declared to be lacking mental capacity unless by an Order issued by the Civil Court on application of a medical practitioner under relevant law; all Persons declared to be lacking mental capacity shall be appointed a Guardian by the Court and, should they pose a threat to themselves or others, may be committed to a mental health institution pursuant to a Court Order; any Order declaring a Person to be lacking mental capacity shall automatically expire within three years; after the expiration such a Person shall be deemed to have regained mental capacity unless the Court renews its order; the relevance of any Order in such matter may be challenged by the Person concerned or his or her Guardian once in every six months before it expires.
  • §XVII.2. No Minor or Person lacking mental capacity shall be subjected to any medical examination and treatment without either the express and informed consent of their Guardian or with their own consent where allowed by law unless under exigent circumstances where neither the Guardian nor the competent patient is capable of consenting; in any event a Guardian's decision shall be capable of being overridden by an Order of the Civil Court issued on application by a medical practitioner where it is proven to the satisfaction of the Court that the decision in question is not in the best interest of the patient and the treatment is essential for his or her life or designed to prevent any serious permanent injury; no Minor or Person lacking mental capacity shall be subjected to any permanent and/or harmful treatment which is not medically necessary.
  • §XVII.3. No Person shall have his or her child taken into care, nor shall his or her custody rights be restricted in relation to the child, unless pursuant to an Order of the Civil Court on application of the appropriate body of the Public Administration supported by clear and convincing evidence of serious physical or psychological abuse of the child; nothing in this provision shall prevent the Court from issuing orders regulating custody rights upon request of one of the Guardian upon separation in accordance with the law.
  • §XVII.4. No Minor below the age of thirteen shall be criminally liable for any act or omission; no Minor between the age of thirteen and sixteen or Person lacking mental capacity shall be criminally liable for any act or omission unless it is proven to the satisfaction of the Court that he or she understood the nature of his or her actions at the relevant time.
  • §XVII.5. No Minor or Person lacking mental capacity shall be medically examined or tested for the purposes of criminal proceedings unless with the consent of his or her Guardian or pursuant to a Warrant; nor shall any Minor or Person lacking mental capacity be interrogated unless in the presence of his or her Guardian or a psychologist.

Chapter 4: Final Provisions

The Constitution shall be construed in the light of Overriding and Interpretive provisions and shall enter into force upon the conditions prescribed in the Transitional provisions.

Article XVIII: Overriding Provisions

  • §XVIII.1. Notwithstanding any provision of this Constitution, the Cabinet shall have the exclusive power to sign binding international treaties regulating the flow of Persons, goods, services and capital across the border of the Free Republic of Liberland, and to directly enforce those treaties on the borders of the Free Republic of Liberland; such power shall be reviewable by the Civil Court exclusively on the basis whether a treaty, and/or its enforcement, falls within the scope of this provision and whether the enforcement measures undertaken are the least intrusive measures available.
  • §XVIII.2. Notwithstanding any provision of this Constitution, neither the Courts of Law, nor any body charged with arbitration proceedings, shall enforce any contract for (a) a permanent service, (b) sexual services, (c) a transfer of parental rights, (d) a restraint of trade, (e) a participation in a criminal offence, (f) euthanasia, (g) a marriage or (h) a donation of any body part; in cases of contracts for a specific performance, should the performing Person refuse to comply with the terms of such a contract, it may, where appropriate, be enforced by way of financial restitution instead.
  • §XVIII.3. Notwithstanding any provision of this Constitution, the Assembly shall have the power to establish rules governing (a) the creation and interpretation of contracts and wills, (b) insolvency of legal and natural Persons, (c) vicarious liability and (d) a separate legal personality of business entities.
  • §XVIII.4. Notwithstanding any provision of this Constitution, the Public Administration shall have the power to maintain, fully public where appropriate, (a) a register of all land, its owners and charges, (b) a register of all deaths and births of Citizens and Residents of the Free Republic of Liberland, (c) a register of all vehicles intended to be used outside the territory of the Free Republic of Liberland, (d) a register of all incorporated business entities for the purposes of conferring upon them a separate legal personality, (e) a register of all Citizens who have been issued passports of the Free Republic of Liberland, (f) a register of all Persons convicted of any criminal offence in the Free Republic of Liberland, (g) a register related to immigration procedure and (h) the Electoral Register.
  • §XVIII.5. No provision of this Constitution shall be construed as to prevent the Assembly from criminalising any act or omission which does not stem from the inherent right of self-defence but amounts to any (a) physical, or constitutionally recognised form of non-physical, violence towards any Person or animal capable of conscious behaviour, or threat thereof, (b) invasion of privacy, (c) fraud, (d) direct and grave interference with enjoyment of one’s property or (e) harm to environment beyond the boundaries of one’s property.
  • §XVIII.6. The enumeration of certain rights in this Constitution shall not be construed as to deny or disparage others retained any Person within the jurisdiction of the Free Republic of Liberland.

Article XIX: Interpretive Provisions

  • §XIX.1. The jurisdiction of the Free Republic of Liberland shall extend to the whole territory of the Free Republic of Liberland, including premises of any of its extraterritorial diplomatic missions, its airspace, territorial waters, all vehicles registered therein whilst in an international space, and any area under the overall effective control of the Territorial Defence force.
  • §XIX.2. Any ambiguity in this Constitution and any laws passed in accordance therewith shall be resolved so as to give the greatest liberty from restraint imposed by law or this Constitution on any Person's conduct; and so as to provide for the least extensive power for any branch of the Public Administration, their Members and Agents, consistent with the clear meaning of the provision in question.
  • §XIX.3. The Constitution shall be interpreted in good faith and literally, as far as it does not produce any absurd result, with due regard to the original intention behind its provisions; in case of doubt, consideration may be given to any statements or notes related to the text made before or at the time of its adoption.
  • §XIX.4. For the purposes of this Constitution, the term “Person” shall signify any human being whatsoever; the term “Individual” shall signify a Person of age who does not lack mental capacity and is not incarcerated for any purpose envisaged in the Constitution; the term “Minor” shall signify a Person who has not reached the age of majority as prescribed by law; the term “Agent of the Public Administration” shall signify any Person working for any body of the Public Administration, including the Law Enforcement; the term “Member of the Public Administration” shall signify any Person who is holding a public office of one of the branches of the Public Administration; the term “Agent of the Law Enforcement” shall signify any Person working for Law Enforcement or the Office of the Public Prosecutor; the term “Citizen” shall signify any Person holding citizenship of the Free Republic of Liberland; the term “Resident” shall signify any Person within the jurisdiction of the Free Republic of Liberland who is not a Citizen; the term "law" shall signify any Act passed by the Assembly in accordance with Article IV and any Executive Measures as issued by the Cabinet in accordance with Article V.
  • §XIX.5. The age of majority shall be universal for all Persons and in relation to all rights and duties and shall be regulated by law, but it shall not be set before a Person reaches seventeen years of age and no later than upon reaching by such a Person twenty-one years of age.

Article XX: Transitional Provisions

  • §XX.1. The first General Election shall be called by the Provisional Government of the Free Republic of Liberland in order to elect an Assembly composed of twenty members.
  • §XX.2. Immediately following the first General Election, the President of the Provisional Government shall put forward to the Assembly a draft of this Constitution along with the nomination of any five Persons for the positions of the first four Justices and the Chief Justice of the Supreme Court.
  • §XX.3. The Provisional Government shall disband once the Assembly officially ratifies the draft of the Constitution and judicial nominations or, should such draft be rejected, once another form of Government is established.
  • §XX.4. The Constitution shall enter into force upon the approval of a simple majority of the Assembly with the quorum of no fewer than fifteen Assembly Representatives.
  • §XX.5. The Presidential nominations for the positions of the Justices and the Chief Justice of the Supreme Court shall enter into force upon the approval of the Constitution by the Assembly.
  • §XX.6. Following the approval of the Constitution by the Assembly, it shall without delay elect the Chancellor who shall have a one-off power to initiate a legislative procedure with no time constraints.
  • §XX.7. All Orders of the Provisional Government of continuous application shall remain binding following the first General Election in so far as they do not contravene the Constitution or their operation is not terminated or altered by an Act of the Assembly passed in accordance with the Constitution.
  • §XX.8. All Orders of the Provisional Government and decisions of the President, Vice-Presidents and the Ministers of the Provisional Government which have been completed or otherwise fulfilled shall remain fully valid following the first General Election.