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Extracts of the Constitution of the Principality of Liechtenstein

Foundations​

Art 1

  1. The Principality of Liechtenstein is a State consisting of two regions with eleven communes. It is based upon the principle of enabling the people residing within its borders to live in peace and freedom. The region of Vaduz (Oberland) consists of the communes of Vaduz, Balzers, Planken, Schaan, Triesen and Triesenberg; the region of Schellenberg (Unterland) consists of the communes of Eschen, Gamprin, Mauren, Ruggell and Schellenberg...

Art 2 The Principality is a constitutional, hereditary monarchy on a democratic and parliamentary basis (Art. 79 and 80); the power of the State is inherent in and issues from the Prince Regnant and the People and shall be exercised by both in accordance with the provisions of the present Constitution.

Art 3 The succession to the throne, hereditary in the Princely House of Liechtenstein, the coming-of-age of the Prince Regnant and of the Heir Apparent, as well as any guardianship which may be required, are to be determined by the Princely House in the form of a dynasty law.

Secession​

Art 4

  1. Changes in the boundaries of the territory of the State may only be made by a law. Boundary changes between communes and the union of existing ones also require a majority decision of the citizens residing there who are entitled to vote.
  2. Individual communes have the right to secede from the State. A decision to initiate the secession procedure shall be taken by a majority of the citizens residing there who are entitled to vote. Secession shall be regulated by a law or, as the case may be, a treaty. In the latter event, a second ballot shall be held in the commune after the negotations have been completed.

The Monarch: Prince Regnant​

Art 7

  1. The Prince Regnant is the Head of State and shall exercise his sovereign authority in conformity with the provisions of the present Constitution and of the other laws.
  2. The Prince Regnant is not subject to the jurisdiction of the courts and does not have legal responsibility. The same applies to any member of the Princely House who exercises the function of head of state in accordance with Art. 13bis. ... Art 9 Every law shall require the sanction of the Prince Regnant in order to acquire validity. ... Art 11 The Prince Regnant shall appoint the judges in conformity with the provisions of the Constitution (Art. 96). ... Art 13ter Not less than 1,500 citizens have the right to table a reasoned motion of no confidence in the Prince. Parliament must issue a recommendation on this at its next session and order the holding of a referendum in accordance with Art. 66 Para. 6. If the motion is accepted in the referendum, it must be communicated to the Prince for consideration under the dynasty law. The prince must inform Parliament within six months of the decision reached in compliance with the said Law.

The State's Intervention​

Art 14 The supreme function of the State is to promote the general welfare of the People. For this purpose, the State shall provide for the institution and maintenance of law, and for the protection of the religious, moral and economic interests of the People. ... Art 16

  1. The whole field of education and schooling shall be under the supervision of the State, without prejudice to the inviolability of the doctrine of the Church.
  2. Education shall be compulsory for all.
  3. The State shall ensure that adequate compulsory instruction in the elementary subjects is given free of charge in public schools. ...
  4. Private education shall be permissible provided that it conforms with the legal regulations governing the period of schooling, the educational aims and the arrangements prevailing in the public schools.

Art 17

  1. The State shall support and promote education and schooling...

Art 18 The State shall be responsible for the public health system, assist institutions for the care of the sick, and seek by legislation to combat intemperance and to reform alcoholics and work-shy persons.

Art 19 2. The State shall safeguard the right to work and shall protect the workers, especially women and young persons employed in commerce and industry...

Art 20 3. To increase employment and to advance its economic interests, the State shall promote and assist agriculture, alpine farming, trade and industry. In particular, it shall promote insurance against damage and injuries to which workers and goods are exposed, and shall take measures to prevent such injuries and damage. 4. It shall pay special attention to the development of the transportation system in accordance with modern requirements. 5. It shall support landslide control measures and afforestation and drainage operations and shall monitor and encourage every endeavour to develop new sources of income. ... Art 22 The State shall exercise sovereign rights over hunting, fishing and mining; when legislating on these matters, it shall protect the interests of agriculture and of communal revenues. ... Art 36 Trade and industry shall be free within the limits prescribed by law; the extent to which exclusive commercial and industrial privileges may be admissible for specified periods of time shall be regulated by law

Fiat Money and Taxation​

Art 23 The currency and banking system shall be regulated by the State.

Art 24

  1. By enacting the necessary legislation, the State shall provide for an equitable system of taxation, which shall exempt from taxation incomes below a minimum standard of living and shall impose heavier burdens on persons in higher wealth or income brackets.
  2. The financial situation of the State must be improved to the utmost possible extent and every effort must be made to open up new sources of revenue to meet public needs.

Welfare​

Art 25 Public poor relief shall be administered by the communes in conformity with specific laws. The State shall be responsible, however, for the supervision of such activities. It may grant appropriate assistance to the communes, especially for the proper care of orphans, the mentally handicapped, persons suffering from incurable diseases and the aged.

Art 26 The State shall support and promote health, old age, disability and fire insurance schemes.

Administration of Justice​

Art 27

  1. The State shall provide for a rapid procedure for legal actions and the execution thereof, under conditions that will safeguard material rights; it shall also provide for a system of administrative law based on the same principles.
  2. The exercise of the professional representation of parties shall be regulated by law.

Individual Rights and Property​

Art 32

  1. Personal liberty, the immunity of the home and the inviolability of letters and written matter are guaranteed.
  2. Except in the cases specified in law and in the manner thus prescribed, no person may be arrested or detained in custody, no houses or persons may be searched and no letters or written matter may be examined or seized.
  3. Persons arrested unlawfully or when demonstrably innocent and those proved innocent after conviction shall be entitled to full compensation from the State as determined by the courts. Whether and to what extent the State has a right of recourse against third parties in such cases shall be regulated by law. ...

Art 34 1.. The inviolability of private property is guaranteed; confiscation may only take place in such cases as determined by law. 2.. Copyright shall be regulated by law.

Art 37

  1. Freedom of belief and conscience are guaranteed for all persons...

Art 41 The right of free association and assembly is guaranteed within the limits prescribed by law.>

Due Process​

Art 33

  1. Nobody may be deprived of his proper judge; special tribunals may not be instituted.
  2. Nobody may be threatened with or subjected to penalties other than those provided by the law.
  3. Accused persons shall have the right of defence in all penal proceedings.

State Confiscation of Property​

Art 35

  1. Where necessary in the public interest, property of any kind may be compulsorily assigned or subjected to an encumbrance, against appropriate compensation, the amount of which in cases of dispute shall be determined by the courts.
  2. The procedure for expropriation shall be regulated by law.

Conscription​

Art 44

  1. Every man fit to bear arms shall be liable, up to the completion of his 60th year, to serve in the defence of his country in the event of emergency. ...

Intervention by the Legislature​

Art 62 In particular, the following matters shall fall within the sphere of activity of Parliament:

a. participation in the work of legislation in accordance with the Constitution; b. participation in the conclusion of treaties (Art. 8); c. the establishment of the annual budget and the authorization of taxes and other public dues; d. resolution on credits, loans and securities chargeable to the State and on the acquisition and alienation of landed property belonging to the administrative and financial assets of the State, subject to articles 63ter and 93; e. the resolution on the annual report furnished annually by the Government on the whole of the State administration; f. the submission of suggestions and complaints and the exercise of control with regard to the State administration as a whole (Art. 63); g. the impeachment of members of the Government before the Constitutional Court for breaches of the Constitution or of other laws; h. the passing of a resolution on a vote of no confidence in the Government or one of its members.

Art 63

  1. Parliament shall have the right of control over the whole of the State administration, including the administration of justice. It shall exercise this right inter alia through an audit committee which it shall elect. Its right of control extends neither to the judgments of the courts nor to the functions assigned to the Prince...

The Executive and its Intervention​

Art 79

  1. The Collegial Government shall consist of the Head of the Government and four Government Councillors.
  2. The Head of the Government and the Government Councillors shall be appointed by the Prince Regnant with the concurrence of Parliament and on the proposal of the latter. A substitute shall be appointed in like manner for the Head of the Government and for each Government Councillor to represent the member of the Government in question who may be prevented from attending the meetings of the Collegial Government...

Art 80

  1. If the Government loses the confidence of the Prince Regnant or Parliament, it shall lose its power to exercise its functions. For the period until the new Government takes office, the Prince, by application of the provisions of Art. 79 Paras. 1 and 4, shall appoint an interim Government to carry out the administration of the state (Art. 79 Para. 1). After four months at the latest, the interim Government shall submit to a vote of confidence in Parliament unless the Prince has previously appointed a new Government on Parliament’s recommendation (Art. 79 Para. 2).
  2. If a member of the Government should lose the confidence of the Prince Regnant or Parliament, the decision on whether to allow him or her to continue in office shall be taken by the Prince Regnant in agreement with Parliament. Until the new member is appointed, his official duties shall be performed by his deputy. ...

Art 93 The following matters in particular shall fall within the sphere of action of the Government:

a. supervision of all authorities and employees subordinate to the Government and the exercise of disciplinary powers in respect of employees; supervision and disciplinary powers in respect of public prosecutors shall be determined by law; b. the allotment of the staff required for the Government and the other authorities; c. supervision of the prisons and of the treatment of persons detained in custody and of convicts; d. the administration of buildings belonging to the State; e. monitoring of the lawful and uninterrupted conduct of business of the ordinary courts; f. the preparation of the report on its official activities to be submitted annually to Parliament; g. the preparation of Government bills for submission to Parliament and the expression of its opinion on proposals submitted to it for that purpose by Parliament; h. the deciding of urgent expenditure not provided for in the estimates; i. resolution on securities up to 250,000 francs, on the acquisition and alienation of landed property belonging to the financial assets up to 1,000,000 francs and belonging to the administrative assets up to 30,000 francs as well as, by virtue of legislative authorization, on the taking up of credits and loans.

The Judiciary​

Art 95

  1. The whole administration of justice shall be carried out in the name of the Prince Regnant and the People by responsible judges appointed by the Prince Regnant (Art. 11). The decisions of the judges in the form of judgments shall be delivered and drawn up “in the name of the Prince and the People”...

Art 96 2. For the selection of judges, the Prince Regnant and Parliament shall refer to a joint commission chaired by the Prince, who shall have a casting vote. He may appoint as many members to this body as Parliament delegates representatives. Parliament shall appoint one member for each electoral group represented in it. The Government shall appoint the member of the Government responsible for supervising the administration of justice. The commission’s deliberations shall be confidental. The commission may only recommend candidates to Parliament with the Prince’s assent. If Parliament chooses the recommended candidate, he or she shall be appointed a judge by the Prince.

See, https://www.constituteproject.org/constitution/Liechtenstein_2011