Date of publication:
07/07/2025
Liberia
Please describe the judicial system in the state.
Judiciary
In the Republic of Liberia, judicial authority resides in the Supreme Court and subordinate courts as established by the legislature. The Supreme Court, led by the Chief Justice, oversees the Circuit Courts, Magistrates Courts, and Justices of the Peace Courts. All courts have the authority to apply both statutory and customary laws (see Article 65 of the 1986 Constitution of the Republic of Liberia). Liberia operates under a unitary government system, where all formal courts fall under national jurisdiction and are subject to oversight by the Supreme Court. Additionally, a system of customary law, recognized by the Judiciary Law - Title 17 - Liberian Code of Laws Revised, coexists within the formal court system, with regulations governing traditional courts outlined in the Revised Rules and Regulation Governing the Hinterland of Liberia (2000). Traditional and lay courts are present in rural areas, although trial by ordeal, officially banned, persists in some regions.
Supreme Court
Article 66 of the 1986 Constitution of the Republic of Liberia designates the Supreme Court as the ultimate authority on constitutional matters, allowing it to determine the constitutionality of legislation. It holds final appellate jurisdiction over cases from various authorities and exercises original jurisdiction in specific instances. The Supreme Court consists of the Chief Justice and four Associate Justices, appointed by the President with Senate approval, provided they meet specific criteria, including citizenship, moral character, and legal practice experience.
Circuit Courts
Circuit Courts possess original jurisdiction in serious cases such as aggravated assault, burglary, rape, and murder.
Magistrate Courts
Magistrate Courts handle both civil and criminal cases. For severe matters like rape, murder, or burglary, they refer cases to Circuit Courts after preliminary hearings. Monrovia and other counties house approximately 79 magisterial courts, each presided over by a stipendiary magistrate and two associate magistrates. While stipendiary magistrates must be qualified lawyers, associate magistrates do not require legal qualifications.
Justices of the Peace
Justices of the Peace have limited jurisdiction over a select range of civil and criminal cases, as specified in the Liberia Judiciary Law (§8.3(a) and §8.3(b)).