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Constitution Q4 2022
We, the free people of this world, in order to protect our right to Life, to our Property, and to secure Liberty for ourselves and for future generations, do establish this Constitution of the Republic of Liberland.
We affirm that every human being has sole, undivided, and absolute sovereignty over their Person; their body, and their mind.
This relationship between the human being and their Person shall be called Property, and it shall be afforded the highest degree of protection by everyone and for everyone equally.
We affirm that a human being is uniquely able to act by their Person.
Where a Person who acts and adds value to something in the world, be it a thing, an animal, or any other controllable natural phenomenon, henceforth: "Object," which is as of yet unowned by another Person, that Object shall become the Property of the acting Person.
A Person shall be free to act on their Property as they see fit, use it, relinquish it, destroy it or transfer it for the good of a different Person.
A Person shall be acknowledged as the owner of their Property for as long as they see fit, and the rights of the owner towards the object of their Property shall not diminish nor disappear with the passage of time alone.
A Person shall not act upon a Property of which they are not the owner without the owner's express permission, except when necessary to remedy a situation in which that owner has infringed Property rights of other people or violated a promise binding in Property.
A Person in breach of this Non-Aggression Principle shall bear the risks and consequences of their actions.
Everyone shall allow Persons to protect their Property and, with the owner's agreement, also the Property of others from infringement which constitute a breach of the Non-Aggression Principle.
To resolve situations where the Non-Aggression Principle is not observed or where there is a real risk of property damage or destruction, the people appoint a centralized authority to function as the public protector of Property rights where owners are unable to defend their property, liberty or life effectively.
The centralized authority shall be able, where necessity requires this and only to the extent as required by circumstance, to infringe on the property rights of others by limiting them in the minimal fashion necessary to resolve the given situation.
The sole public protector of Property rights shall be the State of Liberland, henceforth, "Liberland."
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Liberland shall form organs that shall be set up hierarchically, and each shall perform specific functions, henceforth "the Government."
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Besides the Government, Liberland shall award the foremost amongst its supporters and heroes a seat in the Senate, the Guardian of the Republic. The Senators shall ensure that the Government serves as the public defender of property and as nothing more.
The Government shall be democratic in nature, organization, conduct, and governing philosophy. Its powers shall be divided into Legislative, Executive, and Judiciary powers.
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The Government shall only perform such actions to which it is empowered, directly or indirectly, by this Constitution.
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The Government shall be run online using the instruments it designates, enabling it to effectively, securely, and transparently act according to this Constitution.
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The basic unit for governmental timekeeping shall be an election term of the representative legislative body of ninety days, henceforth "Election Term."
The Government and all its organs and activities shall be financed in accordance with the Non-Aggression Principle, based on contractual relationships such as voluntary, project-based taxation.
The Government's budget shall be kept in surplus or, at minimum, balanced. The Government shall not incur debts.
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The Treasury of Liberland shall be managed by the Government but owned by the Liberland.
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Wherever there is a surplus of at least three times the modus of the budgets for the last five years, that surplus shall be distributed to the Senate according to their share and to the People of Liberland to each according to their merit.
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To fulfill the purpose of the Government in a regulated and orderly manner, the Legislative shall establish Laws, binding rules that inform human action and guide the people to act in accordance with the Non-Aggression Principle.
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Laws shall be second in power only to this Constitution, capable of binding all branches of the Government, Liberland as a whole, and any Persons within Liberland's jurisdiction.
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Where there is a conflict between a Law and a provision in this Constitution, the constitutional provision shall prevail.
The Executive shall consist of experts managing the day-to-day affairs of Liberland governance. It shall apply Laws and other Regulations and any other measures necessary to fulfill the purpose of Liberland.
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The Executive shall expand upon these rules set out in Laws and create auxiliary rules within limits and based on mandates given expressly by the Legislative. These rules, lower in authority than this Constitution and Laws, shall be called Regulations.
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Regulations shall be lower in legal force than the Laws or the Constitution. An illegal or unconstitutional provision in a Regulation shall always be invalid.
The Government shall obey its own Regulations, Laws, and this Constitution.
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The Judiciary shall answer relevant questions and resolve disputes under this Constitution, under Law, and in international matters.
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To this end, the Judiciary shall use the following instruments:
a) Warrants, temporary instruments regulating what is necessary to bring resolution to a particular case or to safeguard the property rights of actors involved or, exceptionally, third parties; and
b) Verdicts represent the decision in a particular case and shall be binding in perpetuity where they gain legal force.
§ 1
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The Judiciary shall, through the Executive, enforce compliance with this Constitution, Laws, and Regulations, as well as with Judiciary decisions.
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The Executive shall only use coercive measures where no other means should clearly suffice. Non-lethal instruments shall be preferred over the use of lethal ones wherever possible.
§ 2
The Legislative shall designate specific governmental organizations tasked with enforcement and shall set the rules and limits for enforcement. It shall ensure that as few Agents as possible and only those for whom it is absolutely necessary should bear this power.
The Government shall only use, acquire, own, possess or equip its Agents with weapons and other defensive and offensive equipment which Persons who habitually and lawfully dwell in Liberland, henceforth "Liberlanders," might use privately and without restrictions to effect self-defense or collective defense.
Liberland shall, in all matters, strive to be a good neighbor to its fellow sovereign States and individuals living in other countries and places in the world.
Liberland shall strive to maintain peace with all its neighbors individually and with the international community in its entirety.
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Liberland's peaceful orientation and non-participation in conflicts, whether between States, within States, or otherwise, shall be a guiding principle for the Government.
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The initiation of violence shall be prohibited. However, nothing in this paragraph shall be construed as prohibiting legitimate collective defense as specified in the Bill of Rights.
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Norms of public international law binding Liberland, whether by Treaty or otherwise, shall have direct legal force, and the Government shall always act within its boundaries.
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Where a conflict should occur between the norms of this Constitution and a norm of public international law that binds Liberland, the norm of public international law shall apply, except when it conflicts with this Constitution, and this conflict proves irreconcilable by interpretation or negotiation.
The Government shall identify and protect the natural and cultural heritage of Liberland, both on land and in its waters and waterways. It shall, when acting, take concern for the welfare of the soil, and the plant and animal life, both on land and in water, as well as for the overall ecosystem and each biome.
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The Government shall not possess a monopoly on the provision of services which the Constitution or the Law allot to it or its branches, henceforth "Public Service," allowing private subjects to provide those same services.
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Where private subjects provide Public Services, they shall be required to adopt the Government's purpose and respect Fundamental Rights.
The power of the Judiciary shall extend to all cases between any parties arising within the jurisdiction of Liberland; under this Constitution, the Law, or any to Liberland binding norm of public international law.
The Judiciary shall be vested in one Supreme Court, and in other, lower Courts such as Persons or the Administration may from time to time establish.
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All verdicts of the Supreme Court shall be binding upon the parties to the process and upon all lower Courts on the point of law in all future proceedings.
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Other Courts, including private courts, shall be bound by their verdicts or verdicts made by Courts superior to them in the Judiciary hierarchy.
§ 1
Where a party to a case presented to the Judiciary claims a provision in a Law or other Regulation relevant to a case to be in breach of this Constitution, the Court shall examine the claim. Where the claim is justified, the Court shall provide Recourse against that provision by setting it aside for the case.
§ 2
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After the final verdict in a case where a Court provided Recourse gains legal force, the last Court to have heard the case shall inform the Legislative or the Executive of the breach of this Constitution and shall issue binding recommendations on how to resolve the breach.
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Should the offending provision not be amended to resolve the breach, it shall lose its legal force at the end of the Election Term after the Election Term in which the final verdict gained legal force.
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The Legislative shall establish and abolish Courts by means of Law.
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A Court may only be abolished where its continued existence represents a direct and clear threat to the Constitution and its principles.
The Supreme Court shall be composed of three Judges: one Chief Justice of the Supreme Court, henceforth "Chief Justice," and two other Justices of the Supreme Court.
Supreme Court Justices shall be current or former Judges with an excellent professional reputation and moral character and known adherents of the values on which this Constitution stands. They shall be nominated by the Legislative and appointed by the President.
The Supreme Court shall have the inherent jurisdiction in the following types of cases:
a) Examining a proposed Law or other proposed Legislative or Executive Regulation or other action for its conformity with the Constitution;
b) The review of constitutional conformity of all International Treaties that the Administration should propose to bind Liberland with.
c) The motion to declare an official of the Administration, the President, a Vice President, or a Senator unfit to perform their duties.
d) The review of legality and constitutional conformity regarding any political process in any branch of the Administration.
e) The review of a Judge's capability to perform their duties of the office.
f) The review of any Regulation, public or private, setting moral standards and penalties for Judges, Attorneys, and Prosecutors.
g) The review, upon a motion made by the Legislative or the Executive, of constitutional conformity of any motion, policy, or regulatory document made by the Guardians.
§ 1
The Supreme Court shall have the power to examine any proposed Law or Regulation for its conformity with the Constitution. The Supreme Court shall issue binding recommendations where the Regulation is deemed unconstitutional. Without working the recommendations in, the Regulation shall not be adopted.
§ 2
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Taking up a proposed Law or Regulation for the examination shall suspend the Legislative or Executive process of adoption until the Supreme Court reaches a decision. In case of a decision that the Law or Regulation conforms to this Constitution, the process may continue where it was suspended.
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The Examination shall take at maximum ⅓ of the Election Term; where this time passes without a decision, the examination shall end, and it shall be as if no Examination was conducted.
The Supreme Court shall have the appellate jurisdiction of the last instance from all the Liberland Courts on the point of law, material or procedural irregularity, and severity of the sentence. The Supreme Court shall be able to attract or refuse any case at will, thereby to exercise this appellate jurisdiction.
§ 1
Judges of all the Courts in Liberland shall be independent. They shall keep their office for life or until they should be declared incapable of performing the duties of their office by the Supreme Court, until their dismissal or until resignation.
§ 2
No Person shall hold the office of a Judge while holding another office in the Legislative or the Executive.
§ 1
The Executive shall nominate the Judges of the Courts that the Government has ordained and established and submit them for Appointment by the President.
§ 2
Other Courts shall nominate their Judges by way of their internal procedure and submit them for Appointment by the President.
§ 3
Upon their appointment, all Judges, including the Supreme Court Justices and Judges of non-State courts, shall swear/affirm the following Oath of Office:
''I solemnly swear/affirm that I will administer justice equally to the poor and the rich. I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Judge under the Constitution, the Laws of Liberland, and in the service of the Liberty and self-determination of all human beings everywhere."
No Judge of any Court shall be arrested for any period whatsoever unless pursuant to a Warrant issued by the Chief Justice of the Supreme Court under extreme circumstances where there is a direct threat to others or where vital evidence may be destroyed.
Crimes shall be the most serious amongst all delicts and shall afford the severest of punishment.
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Criminal Process shall be a process where Liberland acts as the accuser and another subject as the defendant, accused of a Crime.
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The Criminal Process shall be set up in ways that allow the Court to establish matters of fact, particularly guilt and punishment, to the highest degree of certainty attainable.
State Courts established by Law shall be the only organs capable of deciding on the guilt and punishment regarding a criminal delict.
§ 1
Investigative actions and the prosecution of criminal delicts shall be entrusted to the General Prosecutor. Law may establish other Prosecutor Offices. A Prosecutor shall be nominated by the Executive and appointed by the President for a term of ten consecutive Election Terms.
§ 2
Upon their appointment, all Prosecutors shall swear/affirm the following Oath of Office:
''I do solemnly swear/affirm that I will administer justice and do equal right to the poor and the rich. I will ensure that victims of crimes are given a measure of restitution of what has been unjustly taken from them. I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Prosecutor under the Constitution, the Laws of Liberland, and in the service of the Liberty and self-determination of all Persons everywhere."
The Legislative shall be composed of certain Persons who, upon proving their lasting commitment to Liberland, shall have the right to enact Regulations upon themselves and others, even against the recipients' will or without asking for their consent, but only within the strict limits of this Constitution. These Persons shall be known as Citizens.
§ 1
Citizenship shall be gained by a Person accepting upon themselves the duties that citizenship entails in ways prescribed by the Legislative. Upon becoming a Citizen, an Applicant shall swear/affirm the following oath:
I swear/affirm that I will respect the Freedom and the Property of others. I will not take from my fellow citizens and human beings what is rightfully theirs, not by my own hand, nor by a State or by any other powers. I will follow the Constitution of Liberland and its Law and bear true allegiance to the Nation. I will live and let others live, in the spirit of true Liberty [optional, so help me God].
§ 2
A Person born to a Citizen shall have a right to become a Citizen of Liberland, and they shall have to accept the obligations that citizenship entails and swear/affirm the oath at that point.
§ 1
Citizens shall be able to derogate from the Non-Aggression Principle to allow other non-consensual forms of democracy to take place in Liberland when circumstances require it.
§ 2
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The Legislative shall standardly operate employing instruments of direct democracy, whereby Citizens directly decide the affairs of the State.
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To give recourse to those who wish to be represented by others in politics, there shall be a system of Representative Democracy complementing direct democracy.
§ 1
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The general, all-purpose democratic instrument in Liberland shall be the Referendum.
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Using the Referendum, the Citizens may directly propose, adopt, modify, or repeal Regulations and make other motions for action under this Constitution or existing Regulations.
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The Referendum shall be the sole organ in Liberland empowered to adopt and amend Laws.
§ 2
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The Legislative shall adopt a Referendum Law setting up clear and reasonable rules for organizing the Referendum and for the adoption and rejection of proposals.
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The Referendum Law may set up a system where Citizens vote with voting tokens which they obtain in a transparent and predictable manner that does not have the character of discrimination.
Any Citizen shall have the right to propose Bills within the constraints of this Constitution. They shall submit the Bill to the Referendum so that the Citizens may decide whether to adopt or reject it.
Bills for Laws shall be passed by a majority of at least 50 percent of votes cast plus one vote. The specific voting requirements shall be set out in the Referendum Law.
1) Where Referendum rules stipulate inequality of votes between citizens, the Referendum Law shall enable a special form of Referendum called the Public Veto, where each citizen shall have one vote, and none shall be excluded from the vote.
- Public Veto shall serve to repeal Laws and other Regulations and to dismiss Judges, the President, the Vice-Presidents, or other officials as the Law stipulates.
§ 1
Every Election Term, Citizens shall choose from amongst themselves members of Congress to represent them for the next Election Term.
§ 2
Once elected, members of Congress shall form the Congress of Liberland, henceforth: "the Congress". Congress shall be the main and the most authoritative organ of representative democracy in Liberland.
§ 3
The Legislative shall adopt a Congress Law governing the voting and the order of proceedings in Congress. Where the Law remains silent, Congress shall make its decisions by a simple majority vote where each Member of Congress shall have equal voting rights.
§ 1
The Congress Law shall set the number of the Members of Congress, but there shall be no fewer than seven Members of Congress and no more than two hundred and one.
§ 2
Members of Congress shall take the Oath of Office upon election:
"I solemnly swear/affirm that I will faithfully execute the Office of a Member of the Congress and will to the best of my ability preserve, protect and defend the Constitution of the Republic of Liberland."
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The main purpose of the Congress shall be to propose Regulations, including Laws, International Treaty Ratifications, Constitutional Amendments, and Amendments to Regulations or the motions to strike out Regulations.
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Laws and other motions proposed by Congress shall be easier to pass through the Referendum than popular proposals. The Referendum Law shall set up the details.
§ 1
Where there is no other way to achieve a sufficient level of protection for the individual and their property rights, under extraordinary circumstances, Congress may propose a Referendum to update this Constitution by means of a Constitutional Amendment.
§ 2
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The Constitutional Amendment shall be the only way to change the Constitution, and the sole purpose of a Constitutional Amendment shall be to make a change in the Constitution.
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Bills proposed as Constitutional Amendments but materially not seeking to amend the Constitution shall be likewise null and void.
§ 3
Passing a Bill in a Referendum concerning a Constitutional Amendment shall require a double supermajority of no less than a ⅔ majority of voters and also no less than ⅔ of their votes.
§ 1
The Congress shall, by a vote of a two-thirds majority, have the power to cancel any Referendum it should deem as frivolous, malicious, going against the purposes of Liberland, or where the proposal is likely aimed at or is likely to have as one of its results limitation of individual liberty.
§ 2
The Congress shall publish binding, reasonable recommendations accompanying each Cancellation, citing why it was issued. Congress shall allow the proposal to pass if the re-submitted proposal is amended to satisfy the recommendations.
Congress shall appoint Supreme Court Justices. The appointment shall be made without unnecessary delays as soon as a Supreme Court Justice seat is vacant.
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Whenever the Prime Minister's seat is vacant, Congress shall appoint a new Prime Minister without delay.
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The Prime Minister shall be a Member of Congress at the time of their appointment. Losing their Congress seat shall not be grounds for dismissal or losing their Prime Minister seat.
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The Prime Minister shall be a Member of Congress at the time of their appointment and shall be appointed by the Congress for a tenure of twenty consecutive Election Terms, which may be repeated once.
§ 1
Congress shall have the power to Dismiss a Prime Minister with a ⅔ majority vote. Dismissing the Prime Minister does not mean that the other Ministers have to resign.
§ 2
Congress shall likewise have the power to dismiss individual Ministers, with the same tally required to effect the dismissal of a Prime Minister.
The Executive shall:
a) run day-to-day State affairs;
b) initiate the Legislative procedure for Cabinet-drafted Bills;
c) protect and promote the interests of Liberland worldwide;
d) sign International Treaties after the Supreme Court confirms the constitutionality of such Treaties and the Legislature Approves them;
e) conduct commerce on behalf of Liberland: to organize marketplaces, trade in goods, organize tenders for State projects, and act on the free market in the most general sense;
f) issue, hold and spend currencies as long as it acts within the limits of this Constitution;
g) maintain its assets and assets of other Persons and to profit from them or take losses that could not have been avoided;
h) produce Regulations called Decrees under the powers expressly granted to it by Law;
i) nominate Judges;
j) maintain the State Treasury, which represents all governmental financial accounts;
k) nominate the General Prosecutor and the other Prosecutors; and
l) supervise all Agents of the Executive Branch of the Administration.
The Executive shall be organized hierarchically, and all offices and employees of the Executive, henceforth "Agents", shall be directly or indirectly subordinate to the Cabinet as the supreme organ of the Executive.
The Cabinet shall be formed and led by the Prime Minister, who shall be the Head of the Cabinet and the Government. The Cabinet shall be responsible to Congress.
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There shall be four Ministers, each leading their respective Ministry. The Prime Minister shall appoint individual ministers for a tenure of twenty Election Terms whenever a seat becomes vacant.
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The Prime Minister, as well as the Congress, may dismiss a minister. When the Prime Minister dismisses a Minister, they shall accompany their decision with a well-reasoned opinion as to why such a motion is necessary.
There shall be the following Ministries:
a) Ministry of Finance shall enforce sound financial policies and be responsible for keeping the State budget in surplus.
b) Ministry of Foreign Affairs shall pursue harmonious relations with other countries;
c) Ministry of Interior, to keep order in the land and to make the environment as conducive as possible to individual happiness, health, and prosperity of all Persons; and
a) Ministry of Justice shall maintain and develop the legal system to uphold individual liberty and property rights and to safeguard the fundamental rights; it shall assist the Judicial Power to be ever more independent, just, professional, and efficient.
The Executive shall issue Regulations to
a) further specify the obligations and rights based on Laws in a transparent manner;
b) to make the application of Laws more regular and predictable; and
c) to govern the inner workings of the Administration.
Regulations shall be based on Laws and shall be issued within the framework of specific legal provisions.
§ 1
The Government shall not restrict the use of the private property of Persons as long as that use conforms with the Non-Aggression Principle or with binding norms of public international law.
§ 2
Property owners shall have the right to establish rules of conduct for every Person on the Property, other than Agents who act strictly pursuant to and within the limits of the Law. They shall likewise have the right to exclude others from their Property.
§ 3
No Person shall have their private property confiscated without their informed consent as long as it has been acquired lawfully and used lawfully. Any Property shall be assumed to have been obtained and used lawfully unless proven otherwise. The final arbiter in disputes regarding this matter shall be the Judiciary.
§ 4
Liberland shall be held liable for Property damage caused by its Agents acting contrary to this Constitution or Law.
§ 1
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All Persons shall have the full and sovereign right in the free control and the free disposition of their mind, body, and conscience.
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All Persons shall be seen as responsible and capable of acting and comprehending the consequences of their actions unless proven otherwise. The final judge in case of doubt shall be the Judiciary.
§ 2
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The Government shall not infringe upon the integrity of a natural Person in any way without first obtaining their full and informed consent.
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Where obtaining full and informed consent should prove impossible or where there is an urgent, present, and sufficiently dire need to protect the life, liberty or property of others, the Government, in particular through the Executive Power, can only act upon the integrity of a natural Person based on a mandate given by Law or upon a Decision of the Judiciary.
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Every Liberlander shall have the right to move freely within the territory of Liberland, to freely leave it, enter it, and to freely dwell in it.
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The free movement of other Persons may be restricted only by law, and only where not doing so should represent a clear and present danger to the Persons and Property in Liberland.
§ 1
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The Government shall not violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, except where based on a Warrant issued by the Judiciary.
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The same shall apply to any kind of surveillance of communication or activities. The Government shall never contract a private party or another government to perform such activities.
§ 2
The Judiciary shall only issue Warrants of search, seizure, or surveillance upon probable cause, particularly describing the place to be searched and the persons or things to be seized, as well as the reason for the search or seizure.
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All Persons shall have the right to defend themselves, their Property, and their Constitutional Rights.
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All Persons shall also be free to defend others under a direct and real threat against initiators of aggression.
The right of Liberland citizens to keep and bear arms shall not be infringed. All adult, able-minded Liberland citizens of 18 years or older with no violent criminal record shall have the right to own, manufacture, sell, transfer, transport, and bear arms fit for personal defense.
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Should circumstances demand it, all Persons shall be free to jointly defend their Property by protecting the Land, the airspace, the territorial waters, all Liberland vessels and vehicles, and all Liberlanders collectively against threats.
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The Legislative and the Executive shall aid and abet this effort when deemed necessary, and to that end, the Government shall organize the Liberland Defence Force. This force shall be composed of armed and unarmed Agents voluntarily protecting the Land against aggression or natural disasters to preserve life and Property.
Liberland shall have no standing army, and no Persons shall be conscripted for military purposes. In situations of an objective and immediate danger, Liberlanders shall be expected, but not obligated by force of Law, to contribute to the common defence to the best of their ability.
§ 1
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All persons shall have the right to engage in commerce, offering goods and services to others, as long as the goods or services and the way they are offered conform to the Non-Aggression Principle and the binding norms of public international law.
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The Legislative or the Executive shall not interfere with the validity and/or the content of any contract that fulfills this Article's requirements, nor shall they impose licensing or similar schemes upon Liberlanders wishing to engage in commerce that should restrict their ability to do so.
§ 2
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As long as they can legally enter Liberland, Liberlanders shall be free to do business as individuals in their name and at their own risk by the sole virtue of their natural personhood.
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All Persons engaging in commerce shall also be directly entitled to form partnerships and do business as individuals under the partnership's name, likewise without any administrative hindrances.
All Persons shall be free to speak or otherwise express their thoughts without fear of punishment, as long as that expression conforms in its manner and purpose to the Non-Aggression Principle. They shall likewise have the right to petition the Government without fear of punishment.
§ 1
The Government shall conduct no regulation of printed materials, radio, television, the Internet or any other medium of exchange of information, except for where the materials provably, clearly, and directly violate the Non-Aggression Principle, the purposes of the Government, binding norms of public international law or where the information was gathered in violation of the Right to Privacy.
§ 2
The Government shall not prohibit anyone from making and owning recordings of conversations or events in which a Person participates.
All Persons shall have the right to assemble peaceably.
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All Persons shall have the right to associate or transact with any other person or refuse to associate or transact with any other person for any reason. Persons shall always retain their right to leave any association.
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No law shall interfere with any association or transaction as long as these in their purpose and action conform with the Non-Aggression Principle and binding norms of public international law.
No Law shall regulate an establishment or abolishing of religion, or prohibiting the free exercise thereof; nor shall Regulations be made restricting marriage between adults provided it is based on their own free will and Informed Consent.
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All persons shall be equal before the Law and in rights and responsibilities as far as their personhood is concerned.
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Natural personhood shall be singular and indivisible. It shall pertain to every human being and other entities of an equal or similar level of sapience where those desire and are capable of expressing their desire to become persons.
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The Law shall respect no privileges nor special statuses awarded to persons, natural or otherwise, beyond what is stipulated in this Constitution.
§ 1
Where any branch of the Government makes any decision regarding the rights and duties of Persons, it shall hear both parties. It shall resolve the matter without unnecessary delay. It shall act fairly and impartially and at least uphold principles of due process and fair hearing.
§ 2
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In a process against a Person regarding a delict, the Government shall offer the parties, in particular the defendant, a higher level of protection, at least upholding the principles of the due criminal process and fair hearing commonly accepted in civilized countries.
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The defendant shall be allowed to know their accuser and to react to the accusation effectively.
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Decisions concerning guilt and punishment shall be only made upon evidence substantiating the decision beyond a reasonable doubt.
Under no circumstances shall the Legislative set up Laws or other Regulations, the Judiciary decide, or the Executive enforce or regulate cruel or unusual punishments as these are defined under the standing public international law.
No action shall be deemed a delict as long as it objectively harms no Person in Property to their life, health, or Objects.
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No action shall be later deemed a delict as long as it had not been a delict during the time it took place.
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The Legislature shall be prohibited from enacting ex post facto Laws which harm Persons retroactively, particularly where the object would be to punish Persons for their actions,
§ 1
Persons who are lawfully convicted for delicts shall be liable to limitations of freedom which amount to labor and/or payment as obligated by Law, but only within the strict limits of the Law and based on an individual decision of the Judiciary.
§ 2
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Where a Person is placed under arrest, Agents shall let that Person inform whomever they wish about the arrest and allow them to contact legal counsel, and that without delays.
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No Person shall be arrested for more than twenty-four hours without a Warrant or a charge.
§ 2
Agents executing arrests shall act openly and shall inform the accused about the charge and the relevant rights they are entitled to under the Constitution and other protections.
§ 1
No person or group of Persons shall be arbitrarily excluded from the operation of, or granted any privilege under, any Regulation; nor shall any Person be denied equal protection under this Constitution.
§ 2
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The Government shall treat all Persons equally.
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The Government shall neither promote nor suppress any such personal traits or qualities; everybody will be free to express these in their private life as long as this expression conforms with the Non-Aggression Principle.
§ 1
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The Government shall not suffer a relationship amounting to involuntary servitude or slavery to exist in Liberland, even where such a relationship is entered voluntarily and lawfully.
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Agreements of enslavement shall be null and void. Any enslaved person shall always have the right to take back their consent to any form of enslavement and be free without any negative consequences, regardless of any previous stipulations to the contrary.
§ 2
Any enslaved person shall always retain the right to escape their bondage by any means necessary. The Government shall help enslaved persons escape slavery.
§ 3
All that applies to slavery shall also apply to situations when a Person is subjected or threatened with cruel and unusual treatment or punishments, as understood by public international law.
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The Government shall conduct its business openly by making all of its affairs, documents, and decision-making public unless directly pertaining to active proceedings with Persons which warrant privacy or unless immediate publication would directly lead to damage to life or Property.
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The Government shall communicate in truth backed by verifiable evidence. Where opinions are discussed, they shall be clearly labeled as such.
§ 1
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The Government shall use all private personal data it collects only for the purposes for which it had been collected. The Government shall keep this data confidential and share it only with the express and informed consent of all Persons to whom the data relates, henceforth "Data Subjects."
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Data Subjects shall not lose their rights to the data by virtue of it being under Government control.
§ 2
All identification documents will be issued on a consensual basis only, and they shall be tools in the hands of the document holders to facilitate their affairs.
§ 3
The Government shall force no Person to register and/or share private information.
§ 1
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The Government shall not impose upon Persons directly or by proxy any form of taxation or similar rules which expropriate money where the taxpayer gives no direct and informed consent.
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The Government shall likewise neither induce nor suffer in its jurisdiction any other institution or Person to impose and unilaterally enforce taxes or tax-like measures where the taxpayer gives no direct and informed consent.
§ 2
The Government shall not oblige any person to participate in any form of social insurance and/or pension scheme, nor shall it provide any financial incentive in that respect.
§ 1
The Government shall not impose any duty on goods, services, and/or capital imports and exports, tariffs, and other measures that should hamper the freedom of certain goods or capital on the internal market in Liberland and international trade.
§ 2
The Legislative shall make no Law or policies controlling the prices of goods, services, or wages.
§ 1
The Administration shall not restrict a particular commodity from being used as money or a money-like instrument, unless the use of this commodity would be in breach of the non-aggression Principle or norms of public international law.
§ 2
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There shall likewise not be a policy that sets up, enables, or encourages public central bank-like institutions in Liberland. The Government shall not manipulate interest to influence the market or engage in any other manipulative monetary policy.
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The Government shall never impair special rights or favors to financial institutions to insure deposits or protect them from bankruptcy should they not have enough assets to cover all their liabilities
Section 1: The Senate
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The Citizens who hold shares of the Fund of the Republic of Liberland shall form the Senate of the Republic of Liberland, henceforth "the Senate," and they shall become its members, the Senators.
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The purpose of the Senate shall be to supervise the happenings in the country and to act as the keeper of its financial reserves.
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The Senate shall hold the power to cancel any Referendum. When the Senate cancels a Referendum, they shall without delay publish genuine binding recommendations based on the true reasons for the cancellation.
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The Senate shall be bound by its recommendations and shall not again Cancel a Referendum that has been adequately amended according to the Senate's binding recommendations.
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The Senate shall also have the power to strike down by a Veto any Regulation other than Law it shall deem inappropriate for the best interests of Liberland. Unlike with Laws, the Senate can strike down lower Regulations at any time.
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The Veto of the Senate shall always be reasoned out and based on a well-informed debate. The reasoned opinion shall be made public and, without delay, sent to the organ that had issued the Regulation as a set of binding recommendations for improvement. The Senate shall not veto again a Regulation re-enacted in conformity with the Senate's recommendations.
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The Senate shall hold custody over the treasury and the financial reserves of Liberland, be they liquid or otherwise, and shall have the power to stop any payment from these sources. They shall cite their reasons for this rejection. The Senate shall not stop the payment again when their binding recommendations are fully satisfied.
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The Senate shall also hold the emergency fund of Liberland and be the owner of any as-of-yet undistributed rewards for keeping the national information systems secure.
On their own initiative and at their own expense, the Senate may set up independent oversight organs, providing the administrative and knowledge base required for it to fulfill its powers of Guardianship. These organs shall be structured hierarchically and shall operate transparently. The Senate may assign each organ under an individual Senator or Senators.
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The Senate shall govern its affairs and, without delay, enact the Proceedings Guide of the Senate, a Regulation binding upon the Senate. This Regulation shall set up the decision-making rules and the proceedings of the Senate.
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The Senate may also pass lower order Regulations binding upon all the Organs of Independent Oversight.
Pursuant to the wisdom that an owner tends to keep the affairs of their Property in better order than a hireling would, and following the customs common amongst nations, there shall be one President to fulfill the role of the Head of State in Liberland.
§ 1
To ensure that the President shall always be amongst those who have the most to lose should ill fortune befall the land and the most to gain with her prosperity, they shall not be appointed into office by a popular election. Instead, the Senators shall select the President from among their members.
§ 2
The President shall swear/affirm the following to the Senate and the People of Liberland:
"I do solemnly swear/affirm that I will faithfully execute the Office of the President and will to the best of my ability, preserve, protect, and defend the Constitution of the Free Republic of Liberland. I will treat all that occurs in Liberland as if it happened to my estate and will do my utmost to leave a more prosperous and happy country to my successor."
§ 1
The President shall be selected for a term of twenty consecutive Election Terms. One person may only be selected as a president for two consecutive terms and four terms over their lifetime. A person can only be re-selected for their third term after at least forty consecutive Election Terms spent out of the office of the President.
§ 2
The President and the Vice Presidents shall resign their offices upon being voted into a public office or becoming an Agent of the Government in any capacity.
§ 3
Should the President be found permanently unable to perform his or her duties for objective reasons of health or for personal reasons, the Senate shall petition the Supreme Court to dismiss the President.
§ 1
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The President shall appoint two Senators to be First and Second Vice Presidents. The President may replace a Vice President at will, without citing reasons.
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Any decision made by the President needs to be confirmed by either of the Vice Presidents, or it will be invalid.
§ 2
The Vice Presidents will, upon being selected, swear/affirm their oath:
"I solemnly swear/affirm that I will faithfully execute the Office of the Vice President and will to the best of my ability, preserve, protect, and defend the Constitution of the Free Republic of Liberland. I will do my utmost to follow and represent my President faithfully and to the best of my ability."
§ 3
Where the President should be confirmed as temporarily incapable of performing their duties, the Vice Presidents shall assume those duties for the duration of this incapability.
- The President shall exercise power to:
a) represent Liberland on the international stage;
b) bestow honors and awards on Persons who have achieved a great deal in service to Liberland and/or the idea of liberty worldwide;
c) appoint or reject the appointment of the highest officials of the Administration;
d) appoint or reject the appointment of all Judges and Justices;
e) ratify International Treaties; and
f) lead the Liberland Defence Forces should those be formed.
- As they traditionally pertain to the function of the Head of State, which rests solely on the President, the President shall not be required to obtain the confirmation of their Vice Presidents concerning the powers to represent Liberland on the international stage and to bestow honors and awards.
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In a dire crisis requiring the swift actions of the Territorial Defence Forces, the Senate can issue a vote to allow the President to lead the Liberland Defence Forces without the need for confirmation by the Vice Presidents.
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Where the Vice Presidents should find themselves assuming the duties of the President or on delegation, they shall decide on the powers mentioned in this Article as they would on any other powers.
All Amendments that add new provisions to the Constitution shall be published in this section of the Constitution. Amendments that change existing provisions shall be incorporated into the respective Book of the Constitution.
No Amendment shall take away from the Principles of Book One or from the Individual Rights in the Bill of Rights. Book 2 shall not be changed by Amendment to increase State powers or scope.
§ 1
The Congress may motion to propose a Constitutional Convention by a ⅔ majority. Where this proposal is seconded by the Senate and the President, the motion becomes a regular Constitutional Amendment referendum.
§ 2
A Constitutional Convention shall commence in the Election Term following the Election Term in which the Constitutional Convention proposal is adopted.
§ 3
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Upon adopting the Constitutional Convention proposal, the Government, the Senate and the President shall without delay propose at least seven delegates, henceforth the "Delegate Proposal". The people shall vote on these delegates in a Referendum. All delegates shall have an equal voice in a Constitutional Convention.
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Where the Delegate Proposal is not accepted, the Government, the Senate and the President shall without delay propose another set of delegates and so can any Citizen. Where no Delegate Proposal is adopted within the span of four consecutive Election Terms, it will be as if the Constitutional Convention took place without any Constitutional Amendments being adopted.
§ 4
The Constitutional Convention shall be solely empowered to propose Constitutional Amendments for adoption or rejection in a regular Constitutional Amendment Referendum, but it may prepare Constitutional Amendments to any Book and regarding any topic, including the changing of the basic principle of Liberland. The Constitutional Convention shall function for up to eight consecutive Election Terms after the Election Term in which the Delegate Proposal is accepted.
This Constitution has been submitted by the Cabinet on ...
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