Constitutional Linguistics: National Languages In Law

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Language is an important aspect of a country's culture and national identity. It is also a powerful tool for communication and the exchange of ideas. For these reasons, many countries have official or national languages that are enshrined in their constitutions. These languages are typically used in government, education, and legal systems, and their establishment may place restrictions on the use of other languages. While some countries have a single official language, others recognize multiple languages, and a few have no official language at all.

Characteristics Values
Number of countries with a specified national language 101 out of 178 countries
Countries with a single national language The United States, India, Bangladesh, Latvia, Malaysia, the Netherlands, Russia, Italy
Countries with multiple national languages Ethiopia, Finland, Afghanistan, Azerbaijan, the Czech Republic, Slovakia, Switzerland, Taiwan, Canada, the Philippines, Belgium, the European Union, South Africa

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The US Constitution designates English as the official language

While the US Constitution does not explicitly designate English as the official language, an executive order was issued on March 1, 2025, declaring English as the official language of the United States. This order, issued by the White House, states that English has historically been used as the national language since the founding of the Republic, as evidenced by the nation's governing documents, including the Declaration of Independence and the Constitution, which are all written in English.

The designation of English as the official language is intended to promote unity and a shared American culture among citizens. It is argued that a common language facilitates the free exchange of ideas, enhances civic engagement, and fosters a more cohesive and efficient society. Additionally, English is considered a gateway to economic opportunities and community involvement for newcomers, enabling them to actively participate in national traditions and contribute to society.

However, it is important to note that the United States has a long history of linguistic diversity. Critics of the executive order, such as the Linguistic Society of America (LSA), argue that the country has never been monolingual, and that early leaders like Thomas Jefferson embraced multilingualism. They further assert that the imposition of a single official language can be divisive and contradict the positive effects of bilingualism and multilingualism, which have been shown to benefit cognition, aging, and public health.

In contrast to the United States, several countries explicitly mention one or more official or national languages in their constitutions. For example, the Constitution of Afghanistan grants equal status to Pashto and Dari as official languages. Similarly, the Azerbaijani Constitution designates Azerbaijani as the official language of the Republic of Azerbaijan. Other countries, like Bangladesh, adopt a 'one state, one language' policy, with Bengali being the sole official language according to its constitution.

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The Finnish Constitution recognises Finnish and Swedish as national languages

Finland was not constituted in 1917 as a 'pure' nation-state with only one national language. The Finnish Constitution recognises Finnish and Swedish as the national languages of the republic, giving their speakers the right to communicate with, and receive official documents from, government authorities in either of the two languages in any part of the country. This makes Finnish and Swedish de facto official languages. Legislation is enacted in both languages, and the administration and the courts are supposed to implement laws in both languages. In principle, both national languages are treated neutrally; neither is favoured and both languages are 'implemented' on the basis of the law in the same way.

Finnish is the language of the majority, with 85.7% of the population speaking it as their main language in 2022. Swedish is the main language of 5.2% of the population in 2022 (92.4% in the Åland autonomous province), down from 14% at the beginning of the 20th century. In Helsinki, 5.5% of the population are native Swedish speakers and 18.3% are native speakers of languages other than Finnish and Swedish. The Swedish dialects spoken in mainland Finland are known as Finland-Swedish. There is a rich Finland-Swedish literature, including authors such as Tove Jansson, Johan Ludvig Runeberg, Edith Södergran, and Zacharias Topelius. Runeberg is considered Finland's national poet and wrote the national anthem, "Vårt land", which was only later translated to Finnish.

Finland also has several official minority languages: three variants of Sami, as well as Romani, Finnish Sign Language, Finland-Swedish Sign Language, and Karelian. Speakers of Sámi languages have the right to communicate with, and receive official documents from, government authorities in their native language in the Sámi homeland. Finnish Romani have the right to practise their language and culture, although the number of Romani language speakers is estimated to have decreased by 40% over the past 50 years. Finnish municipalities have the possibility to organise education in Finnish Kalo, if there are a sufficient number of Romani children to form a group. However, a significant challenge to this is the lack of Finnish Kalo teachers.

Finland is not the only country whose constitution specifies a national language. For example, the Afghan government gives equal status to Pashto and Dari as official languages, and the Azerbaijani Constitution designates Azerbaijani as the official language of the Republic of Azerbaijan. The Malay language is protected under the Constitution of Malaysia, and Dutch is the official language of the Netherlands. Many other countries' constitutions also mention one or more official or national languages.

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The Constitution of Afghanistan gives equal status to Pashto and Dari

The status of these two languages has been a sensitive issue in Afghanistan, with a history of rivalry and competition between them. Pashto was declared the official language of Afghanistan in 1936, which created a linguistic divergence between the two languages and their respective ethnic groups. This led to discussions about language planning policies and attempts to equalize the status of Pashto and Dari. For example, before the Soviet Occupation, Dari-speaking children were required to study Pashto in public schools, and government officials were mandated to take Pashto classes.

The 1964 Constitution of Afghanistan officially recognized Dari, a dialect of Persian, and renamed it as such. This constitution, as well as the current 2004 Constitution, declared both Pashto and Dari as the official languages of the country. The Taliban government, which has been in power since 2021, has retained the national co-official status of these two languages.

In practice, however, there are conflicting reports regarding the equal status of Pashto and Dari in Afghanistan. While an official at the Ministry of Information and Culture stated that there is no discrimination and everyone is free to communicate or write in either language, some Pashtuns, especially university students, claim that their language is discriminated against. This linguistic divide has also contributed to the emergence of political organizations and ethnic consciousness in Afghanistan.

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The Constitution of Bangladesh establishes Bengali as the sole official language

The Bengali language, also known as Bangla, is an Indo-Aryan language belonging to the Indo-Iranian branch of the Indo-European language family. It is native to the Bengal region, which includes Bangladesh, India's West Bengal and Tripura. In Pakistan, Bengali is a recognised secondary language in the city of Karachi, where it is mainly spoken by stranded Bengalis. The University of Karachi also offers regular programmes for the study of Bengali literature at Bachelors and Masters levels.

The movement to recognise Bengali as an official language gained momentum in 1948 when the government of Pakistan tried to impose Urdu as the sole state language. This sparked a popular ethnolinguistic movement in the former East Bengal (now Bangladesh), which sought to protect the spoken and written forms of the Bengali language and have it recognised as a state language of Pakistan. After Bangladesh gained independence, the country's constitution enshrined Bengali as its sole official language, reflecting the strong cultural and historical significance of the language in the region.

The recognition of a single official language in a country's constitution is not unique to Bangladesh. For example, the Finnish Constitution recognises Finnish and Swedish as the national languages, and the Afghan Constitution grants equal status to Pashto and Dari as official languages. In contrast, some countries, like the United States, have designated a single official language through executive orders or presidential actions, as seen with the designation of English as the official language of the United States in 2025.

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The Constitution of Malaysia designates Malay as the national language

Many countries' constitutions mention one or more official or national languages. For example, Finland's constitution recognises Finnish and Swedish as the national languages of the republic, while the Afghan government gives equal status to Pashto and Dari as official languages.

In Malaysia, the national language is Malay, also known as Bahasa Malaysia or Bahasa Melayu. This is codified in Article 152 of the Constitution of Malaysia, which states that the national language is the Malay language. The status of Malay as the national language is further strengthened by the passage of the National Language Act 1963/67, which provides that the Malay language shall be used for all official purposes.

The Education Act of 1996 reiterates that Malay is to be "the main medium of instruction in all educational institutions in the National Education System", with certain exceptions. Citizens of Minangkabau, Bugis, or Javanese origins, who are classified as "Malay" under constitutional definitions, may speak their respective ancestral tongues alongside Malay. Additionally, the native tribes of East Malaysia have their own languages, which are related to but easily distinguishable from Malay.

While Malay is the official language in Malaysia, English is also widely used in the country. The federal constitution initially provided that English would continue to serve as an official language for at least 10 years after Merdeka until the parliament provided otherwise. English is widely understood and spoken within the urban areas of Malaysia and is a compulsory subject in primary and secondary education. It is also the main medium of instruction within most private colleges and private universities. In certain official contexts, English may take precedence over Malay, as provided by the National Language Act.

Frequently asked questions

No, but in 2025, English was designated as the official language of the United States.

Yes, the Indian Constitution specifies Hindi as the official language of the Union. However, English is also used for official purposes.

The Czech Republic recognises the right of its citizens to use their native language when communicating with authorities and in court. However, it is unclear whether this is specified in their constitution.

Yes, the national language of Malaysia is Malay, which is protected under Article 152 of the Constitution of Malaysia.

Yes, the Official Language Law recognises Latvian as the official language of Latvia.

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