Jonah Patel
A constitution is a legal document that outlines a government's structure and the basic principles of ruling and governing a nation. Constitutions can be codified or uncodified. A codified constitution is written in a single document and often emerges from significant political change. An uncodified constitution, on the other hand, takes the form of customs, precedents, usage, and various legal instruments and statutes. While not all countries have a written constitution, they all have some form of guidelines that function similarly. This includes ancient documents, conventions, and laws that are considered part of an unwritten constitution. The presence or absence of a written constitution does not determine a country's sovereignty, as territories like Abkhazia, Kosovo, and Somaliland have constitutions but are not recognized as sovereign by the United Nations.
| Characteristics | Values |
|---|---|
| Number of countries with constitutions | Almost 200 |
| Average time to draft a constitution | 16 months |
| Longest drafting time | 17 years (Myanmar 2008 Constitution) |
| Shortest drafting time | 1 week (Japan's 1946 Constitution) |
| Longest written constitution | India (146,385 words) |
| Shortest written constitution | Monaco (3,814 words) |
| Oldest active written constitution | San Marino (some core documents date back to 1600) |
| Oldest active codified constitution | United States |
| Oldest unamended constitution | Japan |
| Fastest constitution-making process | Romania's 1938 constitution (less than a month) |
| Number of rights in a constitution | Ecuador (99 rights) |
| Types of rights | "Negative rights" (e.g. freedom of speech and religion) and "positive rights" (e.g. access to education and health) |
| Historical life expectancy of a constitution | Approximately 19 years |
| Scope | Distribution of sovereignty (unitary, federal, or confederal) |
| Amendments | Modifications to the constitution with special procedures |
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What You'll Learn
- The US Constitution was the first complete written national constitution
- Some countries have uncodified constitutions, like the UK and New Zealand
- A constitution outlines the government's structure and basic principles of ruling and governing a nation
- A codified constitution is often a product of drastic political change
- Some territories with constitutions are not recognised as sovereign by the UN
The US Constitution was the first complete written national constitution
Not all countries have a constitution. For instance, the United Kingdom, New Zealand, Canada, and Israel are countries without a written constitution.
The US Constitution, the oldest and longest-standing written and codified national constitution, was not the first constitution in the world. The first constitution of the United States was the Articles of Confederation and Perpetual Union, which was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and was ratified by the 13 colonies on March 1, 1781. The Articles created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments.
However, divisions among the states and local rebellions threatened to destroy the fruits of the Revolution. Nationalists, led by James Madison, George Washington, Alexander Hamilton, John Jay, and James Wilson, almost immediately began working toward strengthening the federal government. They turned a series of regional commercial conferences into a national constitutional convention at Philadelphia in 1787. The delegates to the convention were chosen by the state legislatures of 12 of the 13 original states; Rhode Island refused to send delegates. The convention's initial mandate was limited to amending the Articles of Confederation, but the delegates soon began considering measures to replace the Articles. The US Constitution was signed by 38 delegates on September 17, 1787, with George Reed signing for John Dickinson of Delaware, bringing the total number of signatures to 39.
The US Constitution is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations. It is considered one of the most emulated constitutions globally.
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Some countries have uncodified constitutions, like the UK and New Zealand
Not all countries have a codified constitution, which refers to a single official written document. Instead, some nations have an uncodified constitution, which is made up of rules found in various documents. For example, the UK and New Zealand have uncodified constitutions.
The UK's constitution is based on a set of laws and principles that define the people and the country. It is concerned with the relationship between the people and the state, as well as the activities of the legislature, judiciary, and the executive. The UK's constitution has evolved over many centuries and is founded on several written and unwritten sources. It is considered a "flexible" constitution, as it can be altered by a simple majority vote in Parliament.
New Zealand's constitution is also a set of laws and principles that define the country and its citizens. It focuses on the relationship between the individual and the state and how the government should function. New Zealand does not have a single constitutional document, instead relying on several documents, including the Constitution Act of 1986, Acts of Parliament, and court decisions.
Other countries with uncodified constitutions include Canada, Israel, and Saudi Arabia. Canada's constitution is a combination of written acts and unwritten conventions, including constitutional conventions, royal prerogative by the Crown, and unwritten principles. Israel's constitution is based on the Harari Decision of June 30, 1950, and several basic laws that focus on human rights and government activities. Saudi Arabia's legal system is based on Sharia law, derived from the Quran and Sunnah of Prophet Muhammad, supplemented by regulations issued by royal decrees.
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A constitution outlines the government's structure and basic principles of ruling and governing a nation
A constitution is a vital document that serves as the foundation for governing any nation. It outlines the fundamental principles, values, and rules that define the nation's identity and provide a framework for its governance. Constitutions are often considered the supreme law of the land, setting out the structure and powers of the government while delineating the basic rights and freedoms of its citizens.
The primary purpose of a constitution is to establish the structure and organization of a country's government. This includes determining the type of government, such as presidential or parliamentary, and defining the roles and responsibilities of key institutions like the executive, legislature, and judiciary. By clearly outlining the separation of powers and checks and balances, a constitution ensures that power is distributed and held accountable, preventing its concentration in a single entity.
Constitutions also enshrine the basic rights and liberties that the state recognizes and protects. These rights typically include freedom of speech, religion, assembly, and the press, as well as due process, equal protection under the law, and privacy rights. By codifying these rights, constitutions provide a safeguard against governmental overreach and ensure that citizens are afforded fundamental freedoms and treated equally before the law.
Moreover, constitutions often articulate the core principles and values that underpin the nation's identity and guide its governance. This includes commitments to democratic ideals, social justice, the rule of law, and respect for cultural diversity. These principles serve as a compass for policymakers and judges, influencing policy formulation and judicial interpretation in alignment with the nation's founding values.
The process of amending and revising a constitution varies across nations. Some constitutions are relatively rigid, requiring special procedures and supermajority support for any changes, while others are more flexible, allowing amendments through a simple legislative process. The degree of flexibility ensures that constitutions can adapt to changing societal needs and circumstances while maintaining their foundational role in governing the nation.
In conclusion, a constitution is a cornerstone of any nation, providing a roadmap for governance, and a safeguard for citizens' rights. It establishes the rules of the game for the government's structure and functioning, enshrining fundamental principles and rights that define the nation's character. Constitutions are living documents that evolve over time, reflecting the societal values and aspirations of the people they serve.
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A codified constitution is often a product of drastic political change
Not all countries in the world have a constitution. A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a country or other type of entity, and commonly determines how that entity is to be governed. Constitutions can be written, unwritten, codified, or uncodified. The United Kingdom, for example, has an uncodified constitution written in various fundamental acts of a legislature, court cases, and treaties.
A codified constitution is a constitution that is encompassed in a single comprehensive document. Codified constitutions are often the product of some dramatic political change, such as a revolution. The process by which a country adopts a constitution is closely tied to the historical and political context driving this fundamental change. The legitimacy and longevity of codified constitutions are often tied to the process by which they are initially adopted. High constitutional turnover within a given country may be detrimental to the separation of powers and the rule of law.
States that have codified constitutions give the constitution supremacy over ordinary statute law. This means that if there is a conflict between a legal statute and the codified constitution, a court can declare all or part of the statute to be unconstitutional. For example, the Romans initially codified their constitution in 450 BC as the Twelve Tables. Roman law was not reorganized into a single code until the Codex Theodosianus in 438 AD. The Constitution of Medina, also known as the Charter of Medina, is another example of a codified constitution. It was drafted by the Islamic prophet Muhammad to bring an end to the bitter intertribal fighting between the clans of the Aws and Khazraj within Medina.
Some constitutions are largely, but not wholly, codified. For example, the Constitution of Australia contains most of the country's fundamental political principles and regulations in a single document. However, the presence of statutes with constitutional significance means that Australia's constitution is not contained in a single document and is therefore uncodified.
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Some territories with constitutions are not recognised as sovereign by the UN
While constitutions are important for providing clarity and consistency for governance, not all countries have a codified or written constitution. Some territories with constitutions are not recognised as sovereign by the UN. For example, the Cook Islands and Niue are self-governing states with constitutions, but they are not fully sovereign from New Zealand, which has constitutional authority over them. Similarly, the Republic of China (Taiwan) has its own constitution, but it is only officially recognised by 13 UN member states.
The recognition of sovereignty is a complex issue in international law and diplomacy. While some argue that recognition of a state is purely objective and separate from its recognition by other states, others contend that a state is only a person under international law if it is recognised as sovereign by other states. This is a matter of ongoing debate, and there is no binding definition of the criteria for statehood.
The United Nations recognises 193 member states, two non-member observer states, and ten other states. Of these, 188 have undisputed sovereignty, while 15 have disputed sovereignty. There are also two states with a special political status, both in free association with New Zealand. The UN's list of sovereign states includes all polities that consider themselves sovereign, whether or not they are recognised as such by other states.
The recognition of statehood can be highly political, and it often depends on whether a new state is viewed as legitimate by the international community. For example, Rhodesia was only recognised by South Africa, and Northern Cyprus is only recognised by Turkey. In contrast, the UN works with Northern Cyprus law enforcement agencies and facilitates cooperation between the two parts of the island.
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Frequently asked questions
No. The territories of Abkhazia, Kosovo, Cyprus, Somaliland, South Ossetia, Taiwan, and Western Sahara all have constitutions but are not recognized as sovereign countries by the United Nations.
A constitution is a legal document that outlines the government's structure and the basic principles of ruling and governing a nation.
An uncodified constitution is when the fundamental rules take the form of customs, precedent, usage, and a variety of legal instruments and statutes. All the elements of an uncodified constitution are written in different official documents but are not codified in a single document. The UK, Canada, New Zealand, and San Marino are examples of countries with uncodified constitutions.
A codified constitution is written in a single document and is often a product of drastic political change. The American Constitution is an example of a codified constitution.
Without a set of rules outlining the government's structure and basic principles, a state cannot function properly, and there would be anarchy.
