Cameron Miranda
Liberia's legal system is a dual system of statutory law, based on Anglo-American common law, and customary law, based on unwritten customary practices for indigenous people. The Constitution is the supreme law of the Republic of Liberia, and all laws and decisions by state institutions must strictly conform to it. The Supreme Court is empowered to declare inconsistent laws unconstitutional, and all courts can apply both statutory and customary laws. Liberian statutory law permits Liberian courts to recognise the common law of the United States or England as Liberian law when Liberian law is silent on the issue.
| Characteristics | Values |
|---|---|
| Legal System | Dual system of statutory law and customary law |
| Statutory Law | Based on Anglo-American Common Law |
| Customary Law | Based on unwritten customary practices for indigenous people |
| Constitution | Supreme law of the Republic of Liberia |
| Constitution | Provides for equal opportunity for work and employment regardless of sex, creed, religion, ethnic background, place of origin or political affiliation |
| Constitution | Right to assemble and consult upon the common good |
| Constitution | Right to instruct representatives and petition the government |
| Constitution | Right to associate or refuse to associate with political parties, trade unions, and other organizations |
| Constitution | Right to free competition of ideas and freedom to establish political parties |
| Constitution | Right to vote in secret ballots for citizens above 18 years of age |
| Constitution | Right to appeal to the Supreme Court of Liberia in judicial proceedings |
| Constitution | Right to not be deprived of life, liberty, security, property, or privilege without due process |
| Judicial System | Unitary form of government with three separate branches: Legislative, Executive, and Judiciary |
| Judicial System | Supreme Court is the highest court, followed by Circuit Courts, Magistrates Courts, and Justices of the Peace Courts |
| Judicial System | Traditional and lay courts exist in rural areas |
| Judicial System | Juvenile justice system requires reform, with only one fully constituted juvenile court in Montserrado |
Explore related products
What You'll Learn
The Liberian legal system is a dual system
The Republic of Liberia has a unitary form of government with three separate branches: the Legislative, the Executive, and the Judiciary. The judicial power is vested in a Supreme Court, headed by the Chief Justice, and subordinate courts, including Circuit Courts, Magistrates Courts, and Justices of the Peace Courts. All courts are empowered to apply both statutory and customary laws, with the Supreme Court serving as the final arbiter of all disputes.
Liberian statutory law permits the recognition of the common law of the United States or England when Liberian law is silent on a specific issue. This flexibility allows for the enforcement of foreign judgments and arbitral awards in Liberia, provided they do not contravene Liberian law.
The Liberian legal system recognizes alternative dispute resolution mechanisms such as arbitration and mediation, which can be used alongside or instead of judicial proceedings. Arbitration awards are enforceable in Liberia, and mediation is also recognized as a valid dispute resolution method.
Florida's Common Law Marriage: What Counts as Legally Wedded?
You may want to see also
Explore related products
Statutory law and customary law
Liberia has a dual legal system, consisting of statutory law and customary law. The former is based on Anglo-American common law and applies to the modern sector, while the latter is based on unwritten customary practices for indigenous people.
The Constitution of Liberia is the supreme law of the Republic of Liberia. It establishes a framework of government to promote unity, liberty, peace, stability, equality, justice, and human rights under the rule of law. According to Article 2 of the Constitution, all laws and decisions by state institutions must conform strictly to it. The Constitution also recognises customary law, and customs are a recognised source of law in Liberia.
The statutory laws and common law of the formal legal system govern all Liberians. The courts, including the Supreme Court and subordinate courts such as the Circuit Courts, Magistrates Courts, and Justices of the Peace Courts, are empowered to apply both statutory and customary laws in accordance with the standards enacted by the Legislature. The Supreme Court is responsible for judicial review and can declare laws inconsistent with the Constitution as unconstitutional.
The customary law system is recognised in the court system by the Judiciary Law of 1972. The Law governing the traditional court system is included in the Revised Rules and Regulation Governing the Hinterland of Liberia of 2000. Traditional and lay courts exist in rural areas of Liberia. Local Commissions and Superintendents perform executive oversight over customary law in Liberia.
The distinction between statutory and customary law in Liberia is reflected in the treatment of different types of marriages. The Legislature is responsible for enacting laws governing the devolution of estates and establishing the rights of inheritance and descent for spouses of both statutory and customary marriages.
Canada's Liquor Prohibition Law: A Historical Perspective
You may want to see also
Explore related products
The Constitution is the supreme law
Liberia has a dual legal system, with a mix of statutory law based on Anglo-American Common Law and customary law based on unwritten practices for indigenous people. The Constitution is the supreme law of the Republic of Liberia. It establishes a framework of government to promote unity, liberty, peace, stability, equality, justice, and human rights under the rule of law.
Article 2 of the Constitution states that all laws and decisions made by state institutions must strictly conform to it. Any laws, treaties, statutes, decrees, customs, and regulations found to be inconsistent with the Constitution are void and have no legal effect. The Supreme Court has the power of judicial review and can declare such inconsistent laws unconstitutional.
The Constitution guarantees rights such as freedom of assembly, equality of opportunity, and protection from deprivation of life, liberty, security, and property, except as determined by a hearing judgment. It also ensures free competition of ideas, the right to establish political parties, and the right to vote in secret ballots for all citizens aged 18 and above.
The judicial power in Liberia is vested in the Supreme Court and subordinate courts. The Supreme Court is the final arbiter of all disputes, and all formal courts are supervised by it. The country also recognizes a system of customary law, with traditional and lay courts existing in rural areas.
The Constitution can be amended through a proposal by two-thirds of the membership of both the Senate and House of Representatives or a petition submitted to the Legislature by at least 10,000 citizens.
Motorcycle Laws in Canada: What Riders Need to Know
You may want to see also
Explore related products
The Supreme Court is the final arbiter
Liberia's legal system is a dual system of statutory law, based on Anglo-American Common Law, and customary law, based on unwritten customary practices for indigenous people. The Constitution is the supreme law of the Republic of Liberia.
The subordinate courts to the Supreme Court include the Circuit Courts, Magistrates Courts, and Justices of the Peace Courts. The Circuit Courts have original jurisdiction in the most serious cases, including aggravated assault, burglary, rape, and murder. The Magistrates Courts have civil and criminal jurisdiction and must refer the most serious cases to the Circuit Courts after preliminary hearings. Justices of the Peace Courts have a limited range of civil and criminal jurisdiction.
In addition to the formal court system, Liberia also has a system of customary law recognised in the court system by the Judiciary Law of 1972. Traditional and lay courts exist in rural areas, operating under the Revised Rules and Regulations Governing the Hinterland of Liberia of 2000.
Liberia's statutory law also permits its courts to recognise the common law of the United States or England when Liberian law is silent on a specific issue. Foreign judgments and arbitral awards are enforceable in Liberia upon proper application, and the contractual choice of foreign law to govern a transaction is legally valid and binding.
The Superior Source of Law: Common vs Statutory
You may want to see also
Explore related products
![K: A Common Law Approach to Contracts [Connected eBook with Study Center] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61q5aq2nJOL._AC_UL320_.jpg)
![The Common Law [with Biographical Introduction]](https://m.media-amazon.com/images/I/61rWKl6f6HL._AC_UL320_.jpg)
Foreign judgments and awards
Liberia's legal system is a blend of statutory law, based on Anglo-American Common Law, and customary law, which is based on unwritten customary practices for indigenous people. The Constitution is the supreme law of the Republic of Liberia.
Foreign judgments and/or arbitral awards are enforceable in Liberia upon proper application to a court of competent jurisdiction. A foreign judgment is not conclusive of any act whatsoever, but is considered some evidence. The practice is to presume its conclusiveness and, upon application duly made, to proceed with enforcing it unless proper objections based on law are made. The contractual choice of foreign law to govern a transaction and the submission to the jurisdiction of a foreign court are legally valid and binding and do not contravene the laws of the Republic of Liberia.
Liberian statutory law permits Liberian courts to recognize the common law of the United States or England as Liberian law where Liberian law, statutory or common, is silent on the issue at hand. Arbitration awards are enforceable in Liberia by the Liberian courts. The Civil Procedures Law of Liberia provides that upon written motion of a party, the Court shall confirm an award unless, within the time prescribed by statute, grounds are urged by another party for vacating, modifying, or correcting the award.
Regarding foreign arbitral awards, Liberia is a party to the 1958 New York Convention on the Recognition of Enforcement of Foreign Arbitral Awards. Hence, subject to compliance with the New York Convention, a foreign arbitral award may be enforced by the courts in Liberia without re-examination or re-litigation. An arbitral award may be vacated where:
- The award was procured by corruption, fraud, or other undue means
- There was partiality in an arbitrator appointed as a neutral, except where the ward was by confession; or there was corruption or misconduct in any of the arbitrators
- An arbitrator or the agency or person making the award exceeded their powers or rendered an award contrary to public policy
- The arbitrators refused to postpone the hearing upon sufficient cause being shown, or refused to hear evidence material to the controversy, or otherwise conducted the hearing contrary to the provisions of contract or as provided by law
The Court's Role: Interpreting or Creating Laws?
You may want to see also
Frequently asked questions
The legal system in Liberia is a dual one of statutory law, based on Anglo-American Common Law, and customary law, based on unwritten customary practices for indigenous people.
The Constitution is the supreme law of the Republic of Liberia. All laws and decisions by the state institutions must be in strict conformity with the Constitution.
Liberia has a unitary form of government with three separate branches: the Legislative, the Executive, and the Judiciary.
