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A Commentary on the Meaning A COMMENTARY ON THE MEANING OF THE CONSTITUTION OF THE REPUBLIC OF LIBERIA David C. Williams Jallah A. Barbu April 1, 2009 DEDICATION For the People of Liberia TABLE OF CONTENTS ACKNOWLEDGEMENTS INTRODUCTION PART I: THE TRIPARTITE SYSTEM OF GOVERNMENT CHAPTER ONE: THE GENERAL NATURE OF THE SEPARATION OF POWERS SUBPART I(A): THE JUDICIAL BRANCH CHAPTER TWO: THE JUDICIAL POWER OF THE JUDICIAL BRANCH CH. TWO(a): The POWER TO DECIDE CASES CH. TWO(b): THE POWER TO ENFORCE JUDICIAL MANDATES Ch. Two(b)(1): Presidential Immunity from Court Process Ch. Two(b)(2): The Exclusive Power of the Executive to Enforce the Law Ch. Two(b)(3): The Differences Between the Two Rationales for the Court’s Inability to Order the President to Enforce Its Mandates CH. TWO(c): THE EXCLUSION OF OTHER BRANCHES FROM JUDICIAL FUNCTIONS Ch. Two(c)(1): The Exclusion of the Other Branches from Deciding Cases Ch. Two(c)(1)(i): The Exclusion of the Legislature from Deciding Cases Ch. Two(c)(1)(ii): The Exclusion of the Executive from Deciding Cases Ch. Two(c)(1)(iii): The Limited Power of Executive Agencies to Decide Cases Ch. Two(c)(2): Prohibition on Attempts by the Other Branches to Interfere with the Supreme Court CH. TWO(d): THE POWER TO INTERPRET STATUTES Ch. Two(d)(1): The Power to Determine the Intent of the Legislature But Not to Legislate Ch. Two(d)(2): Prohibition on Interpreting Statutes According to the Court’s Own Policy Views i Ch. Two(d)(3): The Importance of the Words of the Statute in Determining Legislative Intent Ch. Two(d)(3)(i): Words Alone Ch. Two(d)(3)(ii): More than Words if the Statute is Ambiguous Ch. Two(d)(3)(iii): The Spirit Over the Letter CH. TWO(e): THE POWER OF JUDICIAL REVIEW Ch. Two(e)(1): Originalist Interpretation Ch. Two(e)(2): The Final Authority of the Supreme Court Ch. Two(e)(3): The Duty of the Supreme Court to Effectuate the Constitution Ch. Two(e)(4): The Judicial Review Power of Other Judicial Officers CHAPTER THREE: THE ADMINISTRATIVE POWER OF THE SUPREME COURT CH. THREE(a): THE POWER TO MAKE RULES OF PRACTICE AND PROCEDURE CH. THREE(b): THE SUPREME COURT’S POWER TO SUPERVISE AND DISCIPLINE JUDGES CH. THREE(c): THE CHIEF JUSTICE’S GENERAL ADMINISTRATIVE POWER CH. THREE(d): THE SUPREME COURT’S CONSTITUTIONAL CONTEMPT POWER CH. THREE(e): THE SUPREME COURT’S INHERENT POWER TO SUPERVISE LAWYERS AND THE PRACTICE OF LAW CHAPTER FOUR: JUDICIAL INDEPENDENCE AND IMMUNITY CH. FOUR(a): JUDICIAL IMMUNITY FOR DECIDING CASES CH. FOUR(b): TENURE DURING GOOD BEHAVIOR CH. FOUR(c): DISCIPLINE SHORT OF IMPEACHMENT CH. FOUR(d): GUARANTEED REMUNERATION CH. FOUR(e): JUDICIAL INDEPENDENCE AND THE ACCRA COMPREHENSIVE PEACE ACCORD CHAPTER SIX: THE ORIGINAL AND APPELLATE JURISDICTION OF THE SUPREME COURT CH. SIX(a): REASONS FOR THE DIVISION OF JURISDICTION CH. SIX(b): LIMITS ON THE SUPREME COURT’S ORIGINAL JURISDICTION ii Ch. Six(b)(1): Implicit Limits on the Supreme Court’s Original Jurisdiction Ch. Six(b)(2): Original Jurisdiction To Issue Contempt Citations to Defend the Judiciary Ch. Six(b)(3): Anomalous Precedent CH. SIX(c): LEGISLATIVE ALTERATIONS OF THE CONSTITUTIONAL DIVISION OF THE SUPREME COURT’S JURISDICTION Ch. Six(c)(1): Prohibition on Legislative Reduction of the Supreme Court’s Original Jurisdiction Ch. Six(c)(2): Prohibition on Legislative Increases to the Supreme Court’s Original Jurisdiction Ch. Six(c)(3): Prohibition on Legislative Exceptions to the Supreme Court’s Appellate Jurisdiction CHAPTER SEVEN: JUSTICIABILITY CH. SEVEN(a): THE CASE REQUIREMENT Ch. Seven(a)(1): The Requirement of Standing Ch. Six(a)(1)(i): The Requirement of Tangible Injury Ch. Six(a)(1)(ii): The Requirement of a Legal Interest Ch. Seven(a)(2): Advisory Opinions CH. SEVEN(b): POLITICAL QUESTIONS Ch. Seven(b)(1): The Requirement of Judicial Standards Ch. Seven(b)(2): Textual Commitment to Another Branch SUBPART I(B): THE EXECUTIVE BRANCH CHAPTER EIGHT: THE POWERS OF THE EXECUTIVE BRANCH CH. EIGHT(a): CONCENTRATION OF THE EXECUTIVE POWER IN THE PRESIDENT CH. EIGHT(b): THE POWER AND THE DUTY TO ENFORCE THE LAW CH. EIGHT(c): THE EXCLUSION OF THE OTHER BRANCHES FROM EXECUTIVE FUNCTIONS Ch. Eight(c)(1): The Exclusion of the Other Branches from Law Enforcement Ch. Eight(c)(2): Prohibition on Attempts by Other Branches to Interfere with the Executive Branch’s Enforcement of the Law CH. EIGHT(d): THE PRESIDENT’S EXCLUSIVE POWER TO GRANT CLEMENCY iii CH. EIGHT(e): THE PRESIDENT’S INHERENT DISCRETIONARY POWERS CH. EIGHT(f): THE PRESIDENT’S INHERENT POWER TO KEEP THE REPUBLIC SAFE CH. EIGHT(g): THE COMMANDER-IN-CHIEF POWER CH. EIGHT(h): THE PRESIDENT’S APPOINTMENT POWER CH. EIGHT(i): THE PRESIDENT’S LEGISLATIVE POWERS CH. EIGHT(j): THE PRESIDENT’S FOREIGN AFFAIRS POWER CH. EIGHT(k): THE PRESIDENT’S BUDGETARY POWERS CHAPTER NINE: EXECUTIVE IMMUNITY SUBPART I(C): THE LEGISLATIVE BRANCH CHAPTER TEN: THE POWERS OF THE LEGISLATIVE BRANCH CH. TEN(a): THE POWER TO MAKE LAW CH. TEN(b): THE PERMISSIBLE SUBJECT MATTERS OF LEGISLATION CH. TEN(c): THE EXCLUSION OF THE OTHER BRANCHES FROM LEGISLATING CH. TEN(d): THE LEGISLATURE’S POWER TO CREATE AND LIMIT LEGAL LIABILITIES Ch. Ten(d)(1): Sovereign Immunity Ch. Ten(d)(2): Due Course of Law Ch. Ten(d)(2)(i): LaFondiaria Insurance Cos. Ch. Ten(d)(2)(ii): Quelo CH. TEN(e): THE LEGISLATURE’S GENERAL POWER OF INTERNAL ADMINISTRATION CH. TEN(f): THE LEGISLATURE’S IMPEACHMENT POWERS CHAPTER ELEVEN: LEGISLATIVE IMMUNITY PART TWO: INDIVIDUAL RIGHTS CHAPTER TWELVE: THE STRUCTURE OF RIGHTS CH. TWELVE(a): VERTICAL AND HORIZONTAL RIGHTS: WHO IS RESTRICTED Ch. Twelve(a)(1): The Difference Between Vertical and Horizontal Rights Ch. Twelve(a)(2): Liberian Vertical Rights Ch. Twelve(a)(3): Liberian Horizontal Rights iv Ch. Twelve(a)(3)(i): Due Process Rights Against Employers Ch. Twelve(a)(3)(ii): Other Rights Against Employers CH. TWELVE(b): LIMITS ON RIGHTS CH. TWELVE(c): SELF-EXECUTING AND NON-SELF-EXECUTING RIGHTS SUBPART II(A): CIVIL AND POLITICAL RIGHTS CHAPTER THIRTEEN: RELIGIOUS LIBERTY CH. THIRTEEN(a): THE FREE EXERCISE OF RELIGION CH. THIRTEEN(b): THE PROHIBITION ON ESTABLISHING A RELIGION Ch. Thirteen(b)(1): The Prohibition on Religious Discrimination Ch. Thirteen(b)(2): Religious Tests Ch. Thirteen(b)(3): Special Advantages for Religious Groups Ch. Thirteen(b)(4): The Prohibition on Interference with the Internal Matters of Religious Groups CHAPTER FOURTEEN: FREEDOM OF EXPRESSION CH. FOURTEEN(a): THE FREEDOM OF THE PRESS CH. FOURTEEN(b): ACADEMIC AND LIBRARY FREEDOMS CH. FOURTEEN(c): THE RIGHT TO CRITICIZE THE GOVERNMENT CH. FOURTEEN(d): LIMITS ON THE RIGHT OF FREE EXPRESSION Ch. Fourteen(d)(1): Limits on Free Expression Permitted by the Text of the Constitution Chapter Fourteen(d)(2): Prior Restraints Ch. Fourteen(d)(3): Abusive Speech Ch. Fourteen(d)(3)(i): The General Definition of Abusive Speech Ch. Fourteen(d)(3)(ii): Criticism of the Judiciary Ch. Fourteen(d)(3)(ii)(a): Criticism of Particular Cases Ch. Fourteen(d)(3)(ii)(b): General Criticisms of the Liberian Judiciary CHAPTER FIFTEEN: THE RIGHT TO ASSEMBLE, INSTRUCT REPRESENTATIVES, AND PETITION THE GOVERNMENT CH. FIFTEEN(a): PETITIONING A FOREIGN GOVERNMENT CH. FIFTEEN(b): LIMITS ON THE RIGHT TO PETITION FOR REDRESS OF GRIEVANCES v CHAPTER SIXTEEN: THE RIGHTS OF POLITICAL PARTIES CH. SIXTEEN(a): THE REQUIREMENT OF MULTI-PARTY DEMOCRACY CH. SIXTEEN(b): REQUIREMENTS TO BECOME A POLITICAL PARTY CH. SIXTEEN(c): PROCEDURES FOR REGISTRATION AS A POLITICAL PARTY CH. SIXTEEN(d): FUNCTIONS RESERVED EXCLUSIVELY TO POLITICAL PARTIES CH. SIXTEEN(e): THE RIGHTS OF COALITION PARTIES CHAPTER SEVENTEEN: EQUALITY RIGHTS CH. SEVENTEEN(a): DISCRIMINATION BASED ON ETHNICITY, RACE, SEX, CREED, PLACE OF ORIGIN, OR POLITICAL OPINION CH. SEVENTEEN(b): DISCRIMINATION BASED ON ALIENAGE CH. SEVENTEEN(c): DISCRMINATION BASED ON OTHER CLASSIFICATIONS CH. SEVENTEEN(d): ARBITRARY TREATMENT OF INDIVIDUALS SUBPART II(B): ECONOMIC RIGHTS CHAPTER EIGHTEEN: PROPERTY RIGHTS CH. EIGHTEEN(a): THE RIGHTS AND RIGHT-HOLDERS PROTECTED CH. EIGHTEEN(b): THE PROPERTY RIGHT OF ALIENS Ch. Eighteen(b)(1): Prohibition on Foreign Ownership of Real Property Ch. Eighteen(b)(2): Foreign Leases CH. EIGHTEEN(c): MARRIED PERSONS’ PROPERTY RIGHTS CH. EIGHTEEN(d): PROCEDURAL PROTECTIONS FOR PROPERTY RIGHTS CH. EIGHTEEN(e): THE RIGHT AGAINST EXPROPRIATION CHAPTER NINETEEN: THE OBLIGATION OF CONTRACTS CH. NINETEEN(a): REASONS FOR PROTECTING THE OBLIGATION OF CONTRACT CH. NINETEEN(b): PROTECTION FOR CURRENT CONTRACTUAL OBLIGATIONS BUT NOT THE RIGHT TO CONTRACT CH. NINETEEN(c): SCOPE OF THE CONTRACT CLAUSE Ch. Nineteen(c)(1): Which Contractual Obligations Are Protected Ch. Nineteen(c)(1)(ii): Government Contracts and Private Contracts vi Ch. Nineteen(c)(1)(ii): Lawful Contracts Ch. Nineteen (c)(2): Who Is Forbidden to Impair Contracts CHAPTER TWENTY: LIBERIANIZATION SUBPART II(C): RIGHTS IN THE LEGAL PROCESS CHAPTER TWENTY-ONE: THE RIGHT OF APPEAL CH. TWENTY-ONE(a): REFUSALS TO ALLOW AN APPEAL CH. TWENTY-ONE(b): LEGISLATIVE REGULATION OF THE RIGHT OF APPEAL CH. TWENTY-ONE(c): SUSPENSION OF THE JUDGMENT DURING APPEAL CH. TWENTY-ONE(d): EXTRA-STATUTORY CONDITIONS ON AN APPEAL CHAPTER TWENTY-TWO: THE RIGHT TO A JURY IN CIVIL TRIALS CHAPTER TWENTY-THREE: DUE PROCESS OF LAW CH. TWENTY-THREE(a): WOLO V. WOLO CH. TWENTY-THREE(b): APPLICABILITY OF THE DUE PROCESS CLAUSE Ch. Twenty-Three(b)(1): Who Has Due Process Rights Ch. Twenty-Three(b)(2): Which Actions Must Conform to Due Process CH. TWENTY-THREE(c): NOTICE CH. TWENTY-THREE(d): OPPORTUNITY TO APPEAR AND BE HEARD CH. TWENTY-THREE(e): A COMPETENT TRIBUNAL CH. TWENTY-THREE(f): JURISDICTION OVER THE PARTY SUBPART II(D): CRIMINAL PROCESS RIGHTS CHAPTER TWENTY-FOUR: THE RIGHT TO A SPEEDY, PUBLIC, AND IMPARTIAL TRIAL BY A JURY OF THE VICINITY CH.
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