In a free society like Liberia, the rule of law is the best security for social and political stability. It is the view of this author and of most students of Liberian government that the “doctrine of the separation of powers” according to James Madison (Federalist Paper, no. 51) has not functioned in Liberia since 1944 the way the framers of the 1847 constitution had intended.  

The early 19th century history of Liberia (a country founded by the American Colonization Society in 1822 for freed American slaves) teaches that Liberia was the one country on the African continent during the 19th century where the institutions of a Republican form of government (a legislature, an executive, and a judiciary) should have been fully developed and exercised.  Monrovia, the capital city, should have been the Athens of Africa — a place where students of government from across the African continent would come to study the functions of a Republican form of government.  But the historical fact is that the doctrine of separation of powers has not been practiced in Liberia since 1944. Why is this so?  This paper will attempt to answer this question and briefly propose a way to restore the balance of power among the three branches of the Liberian government.  

The framers of the 1847 Constitution (Liberia’s first constitution) believed that the best way to safeguard the stability of the newly founded Republic from tyranny and dictatorship was to divide the powers of the state among the legislature, executive, and judiciary branches.  Each branch was constitutionally empowered to restrain the others from amassing powers that had not been assigned to it by the constitution.  This principle was altered when William V.S. Tubman became president in 1944.

Between 1944 and 1964, the balance of power shifted from the legislature and the judiciary to the executive.  In the early 1950s, the Independent True Whig Party seceded from the True Whig Party. The situation turned violent between David Coleman (a leading member of the Independent True Whig Party) and William V.S. Tubman.  Coleman and his son were later killed in a gunfight as they attempted to escape arrest.  The David Coleman episode — the Independent True Whig Party revolt, and staged coup (“The Plot that Failed”) by the True Whig Party — solidified Tubman’s concentration of power in the executive branch.  

This imbalance of power was destined to bring disaster to the country, as seen in the bloody military coup of April 12, 1980.  The coup ended the century-old True Whig Party hegemony in Liberia.  This and the subsequent election of Samuel K. Doe in 1985 were viewed as a road map to restoring the separation of powers and better governance in Liberia.  It did not turn out so. The fact is that the executive branch still wields enormous political power.  

Under Tubman, the executive branch became the epicenter of political and economic powers. The paradigm change that Tubman brought to the constitution in 1955 posed an inherent, real and ongoing danger to the governance of the Republic. This must be fundamentally addressed in order to bring the Republican system of government function into accordance with the constitution.  As Liberia transitions from a failed state to a full functioning society, now is the time to vigorously debate the separation of powers among the legislature, executive, and judiciary branches.  Regaining a balance of powers is Liberia’s best hope for peace, stability and the rule of law. 

During the period of 1847 to 1944, the doctrine of the separation of powers functioned as the framers had intended.  A case in point:  the impeachment of President E. J. Roye. Roye became president in 1870 in the midst of the worst financial crisis in Liberia’s history.  Roye went to London and negotiated for a loan with some leading banks; he agreed to the terms of the loan without consulting the legislature.  Liberia defaulted on the loan and this increased foreign influence in the country, much to the resentment of the Liberian people.  Roye quickly became unpopular. In the midst of this political turmoil, Roye attempted to extend his two-year presidential term by edict.  The legislature viewed his action as an attempt to usurp political power not assigned to the executive by the constitution.  The legislature impeached him on October 26, 1871.  Thereafter, each branch of the government stayed within its assigned powers until 1944.  

Articles II, III, and IV of the Liberian constitution call for the separation of powers among the legislature, executive, and judiciary branches.  Under this doctrine, each branch is independent and has a distinct function.  They are, however, interrelated and interdependent.  

This concept has been around for millennia.   It was invented by the ancient Greeks and widely used by the Romans. It forced the Roman Caesars to consult the Senate on matters of importance to the state.  However, it was the Magna Carta of 1215 that gave meaning to the modern concept of the separation of powers.  The power struggle between King John and the English barons demonstrated the dangers inherent when power of the state is vested in one man. The imposition of the scutage tax on barons led to civil war in England. King John was forced from power by the barons. The power struggle between King John and the English barons ended.  Thus the model of the modern theory of separation of powers was born.  

By studying the English Constitution, the French social and political philosophers Brede and de Montesquieu theorized the concept of separation of powers, or “trias politica.” It became the cornerstone of western democratic constitutions.    During the American Constitutional Convention, James Madison clearly defined the responsibility and functions of each branch of the American government (Federalist paper, no. 51) and turned the concept of the separation of powers into a political doctrine. 

This doctrine is fundamental to the stability of the state, the functioning of the governmental apparatus, individual liberty, the rule of law, and economic well-being of citizens.  Above all, the doctrine of the separation of powers ensures “checks and balances.” 

The birth of Liberia in the early 19th century was an outgrowth of the abolition of American slavery.  As a result, the Liberian constitution was modeled upon the U.S. constitution.  However, the application of the provisions of both constitutions (1847 and 1984) since 1944 has been like day and night.  When Franklin Roosevelt attempted to pack the Supreme Court with justices who favored his New Deal, for example, the planned judicial reform backfired.  It was opposed by both Republicans and Democrats who claimed that the executive was going too far.  Yet in Liberia, when Tubman changed the presidential term in 1955 from two years to eight, there was no opposition either from the legislature or from the judiciary.  However, from 1847 to 1944 the separation of powers worked very well for the Americo-Liberians — at the exclusion of the masses. From 1944 to 1955, Tubman redesigned the political and economic landscape; Liberia became a One Party state (unconstitutional), and the executive became the vortex of power. By 1964, Tubman was the center of Liberia’s political universe; he created four new counties out of the hinterland, the most populous area of the country.  

I began this essay with the assertion that the doctrine of the separation of powers has not functioned in Liberia since 1944, and I have briefly delineated the cause. The best course of action to regain a substantive balance of power is the full exercise of Article II, III, and IV of the constitution. In so doing, I would like to suggest the following for discussion: 

• A constitutional proviso for balance budget
• The president must present to the legislature a balance budget for each fiscal year.  The legislature can approve or amend. If amended, the president should have line-item veto power
• Legislature oversight for governmental operations 
• Legislature investigative powers
• The legislature shall from time to time call any cabinet minister to answer questions they deem necessary without presidential approval
• In the exercise of Emergency Power, the president must be denied by law from ordering the use of live arms to quell a civil demonstration gone awry

Liberia is presently in transition (under UNMIL) to a full-fledged sovereign state. The time for discussion is now.