Constitutional Law
Constitutional Law tests how the 1986 Constitution of Liberia allocates public power and protects individual rights. Expect questions on supremacy, separation of powers, judicial review, due process, equal protection, expression, assembly, religion, citizenship, elections, and amendment.
Core rules
- Article 2 makes the Constitution supreme; inconsistent statutes, customs, and regulations are void to the extent of the conflict.
- Powers are separated among the executive, legislature, and judiciary, with checks and balances.
- Chapter III protects fundamental rights. Limits must be lawful, pursue a legitimate aim, and not destroy the right.
- Courts exercise judicial review; the Supreme Court has final authority to interpret the Constitution.
- Due process requires notice, a hearing, and an impartial decision-maker before liberty or property is taken.
Worked example
The legislature passes a statute allowing police to detain a person for 30 days without charge. A detainee challenges it. The court should apply Article 2 supremacy and the due-process guarantee. Because the statute authorizes deprivation of liberty without notice, hearing, or judicial control, it is unconstitutional. The remedy may be release and an order barring enforcement.
Traps
Do not confuse an undesirable policy with an unconstitutional one. Identify the constitutional text, the governmental action, and the precise right. Watch standing, mootness, and ripeness. Avoid treating constitutional rights as absolute; examine whether a lawful limitation exists. Constitutional review can reach statutes, executive action, and customary rules that conflict with the Constitution.