The legal system in the Republic of Liberia is a dual one, combining elements of both statutory law and customary law:
Statutory Law: The modern sector of Liberia’s legal system is based on Anglo-American Common Law. This system relies on written statutes and legal precedents established by court decisions. It governs various aspects of contemporary legal matters.
Customary Law: For the indigenous people of Liberia, customary law plays a significant role. It is based on unwritten customary practices that have been passed down through generations. Customary law encompasses traditional norms, rituals, and community practices.
Notably, Liberia’s legal framework also includes provisions related to intellectual property and the protection of traditional cultural expressions within its Constitution.
Liberia has adopted two Constitutions since its foundation. The first was the 1847 Constitution which was suspended on April 12, 1980, following the coup d’etat which overthrew the presidency of H. E. William R. Tolbert, Jr.
The second Constitution replaced the Liberia constitution of 1847 which was approved and adopted by a National Referendum on July 3, 1984.
As the fundamental law of the Republic of Liberia, the Constitution defines the structure of the Government of Liberia, the rights and duties of the country’s citizens, its mode of passing laws and specifies the principle of separation and balance of the legislative, executive and judicial powers.
The legislative power is vested in the Legislature, which consists of two separate houses: the Senate and the House of Representatives (Art. 29).
The executive power is vested in the President, who is the Head of State, Head of Government and Commander–in–Chief of the Armed Forces of Liberia (Art. 50).
The judicial power is vested in a Supreme Court and subordinated courts (Art. 65).
The Constitution contains provisions concerning intellectual property on the protection of traditional cultural expressions. It protects the right to preserve foster and maintain the positive Liberian culture, values and character (Art. 27. b.).
The Constitution also guarantees the freedom of expression (Art 15. b), the right of private property (Art. 22. a) which can be extended to the intellectual property rights.