Malcolm Rivera
The influence of the United States Constitution has been waning since the 1980s as other countries have created new constitutions or updated older ones. The US Constitution has been amended 27 times since it became operational in 1789, and it is considered one of the most difficult constitutions in the world to amend. In comparison, the Comparative Constitutions Project (CCP) has recorded 799 constitutions and 2,999 amendments. The number of amendments varies across countries, with Ecuador leading the world in terms of the number of rights included in its constitution. The content of constitutions also varies, with some countries opting to include only negative rights that protect citizens from government interference, while others include positive rights guaranteeing access to education, health, and other services.
| Characteristics | Values |
|---|---|
| Number of countries with constitutions | Almost 200 |
| Number of historical constitutional documents | 799 |
| Number of amendments to historical constitutional documents | 2,999 |
| Number of characteristics recorded by the CCP | 600 |
| Country with the most rights in its constitution | Ecuador (99 rights) |
| Countries whose constitutions include the right to keep and bear arms | United States, Guatemala, and Mexico |
| Countries that have created new constitutions or updated older constitutions since the 1980s | Various, including Ecuador, Guatemala, and Mexico |
| Number of amendments to the United States Constitution | 27 |
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What You'll Learn
The US Constitution: a difficult constitution to amend
The US Constitution is considered one of the most difficult constitutions to amend in the world. With nearly 200 countries with constitutions in existence, the US Constitution stands out for its rigidity and resistance to change. Scholars have argued that the US Constitution is "frozen in the past" and in need of renovation to address its outdated provisions.
The process of amending the US Constitution is deliberately challenging. The Founding Fathers, particularly Madison, envisioned a constitution that would be venerated and enduring. However, this has led to a situation where the document is challenging to update, even when there is broad agreement that changes are necessary.
One of the key reasons for the difficulty in amending the US Constitution is the requirement for a super-majority. To propose an amendment, two-thirds of both houses of Congress must approve, and to ratify an amendment, three-quarters of state legislatures or state ratifying conventions must consent. This high threshold makes it challenging to enact amendments, even with broad bipartisan support.
Another factor contributing to the challenge of amending the US Constitution is the length of time it takes to do so. The process can take years, if not decades, to navigate the complex procedural requirements and secure the necessary approvals. This lengthy process can deter efforts to amend the Constitution and may contribute to the document's perceived rigidity.
While the US Constitution's endurance is a testament to the Founding Fathers' vision, it is not without its drawbacks. The document's resistance to change has led to a situation where it may no longer reflect the values and needs of the American people. Scholars such as Jefferson and Levinson have proposed periodic rewrites to ensure the Constitution remains relevant and adaptable to changing circumstances.
Despite the challenges, efforts to amend the US Constitution continue. Projects like the Comparative Constitutions Project (CCP) and the 28th Amendment Project aim to engage citizens in the process of constitutional reform and explore provisions in other countries' constitutions. These initiatives recognize the importance of keeping constitutional documents up-to-date and responsive to the needs of the people they serve.
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The influence of the US Constitution on other countries
The US Constitution, created in 1787, was the first of its kind and has since had a profound influence on the constitutions of other countries. Its creation legitimised the United States' independence and nationhood, and many other nations soon followed suit in drafting their own constitutions.
The US Constitution provided a model for repudiating monarchy and proclaiming political freedom, lending authority the cloak of democratic respectability. This was particularly attractive to countries seeking to legitimise their own revolutions, independence, and nationhood. As such, several countries adopted constitutions directly inspired by the US Constitution, including Venezuela in 1811, Mexico in 1824, the Central American Federation in 1825, and Argentina in 1826. The 1791 constitution of Poland also copied elements of the US Constitution, including its preamble and impeachment provisions, and included Europe's first statement of popular sovereignty.
The influence of the US Constitution can also be seen in the post-World War II 1949 Basic Law of the Federal Republic of Germany, as well as in the constitutions of Japan (1947), Cuba (1901), Panama (1904), and Haiti (1918). The US Constitution has also had an impact on the constitutional ideologies of former colonies, such as in the 1982 constitutions of Canada and Honduras and the 1983 constitution of El Salvador.
While the US Constitution has had a significant influence on other countries, it is worth noting that it may be overdue for a renovation in some areas to address omissions and better reflect evolving cultural norms.
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The number of historical constitutions and amendments
There are almost 200 countries with constitutions currently in existence, and their contents vary significantly. The Comparative Constitutions Project (CCP) has been documenting and analysing these constitutions and their amendments since 2005. The CCP has created a comprehensive chronology of constitutions and has catalogued 799 historical documents and 2,999 amendments.
The number of constitutions and amendments in a country can vary depending on various factors, including the scope, length, executive and legislative power, and judicial independence. For example, the United States Constitution has had 27 amendments, while Ecuador's constitution leads the world with 99 rights.
Some countries choose to include only "negative rights" in their constitutions, which protect citizens from excessive government interference. Examples of negative rights include freedom of speech and religion. Other countries include "positive rights", which guarantee access to things like education, health, and sometimes even sports.
The process of constitution-making and amendment is ongoing and dynamic, with countries constantly revising and updating their constitutions to reflect changing societal norms, values, and needs. The CCP plays a crucial role in this process by providing a wealth of resources and tools for countries drafting new constitutions or amending existing ones.
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The contents of constitutions and their variations
The contents of constitutions vary across the globe, with almost 200 countries with constitutions currently in existence. The Comparative Constitutions Project (CCP), launched in 2005, has been documenting and analysing the contents and their variations. The CCP has created a chronology of constitutions, along with a repository of the texts and their amendments.
Constitutions can include "negative rights", which protect citizens from government interference in their affairs, such as freedom of speech and religion. They can also include "positive rights", which guarantee access to things like education and health. The US Constitution, for example, is general enough to be interpreted to include more groups over time but may be due for an update in some areas. The number of rights included in a constitution varies, with Ecuador leading the world with 99 rights.
Constitutions also vary in scope, length, executive and legislative power, and judicial independence. For instance, the US Constitution establishes a Congress with a Senate and House of Representatives, with the latter elected every two years by the people of the states. It also grants Congress the power to choose the time of electing the President and the day on which they will vote.
Constitutions have a long history, with Aristotle making a formal distinction between ordinary law and constitutional law around 350 BC. He explored the constitutions of Athens, Sparta, and Carthage, concluding that the best constitution included monarchic, aristocratic, and democratic elements. The Romans codified their constitution in 450 BC as the Twelve Tables. The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in India. The earliest known code of justice was issued by the Sumerian king Urukagina of Lagash around 2300 BC. The first North American constitution was adopted by the Colony of Connecticut in 1639, known as the Fundamental Orders.
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The inclusion of negative rights and positive rights
The world today has close to two hundred countries with constitutions, and their contents vary significantly. Some countries include only "negative rights" in their constitutions, which protect citizens from government interference in their affairs. Examples include freedom of speech, freedom of religion, freedom of life, and freedom of private property. On the other hand, "positive rights" guarantee access to things like education, health care, and occasionally, sports. These rights place a heavy burden on the government by requiring specific resource allocation with limited flexibility. For instance, the Canadian Charter of Rights and Freedoms has a positive right that mandates provincial governments to ensure that French or English minorities have access to education in their preferred language when communities are large enough.
Some countries opt to include both negative and positive rights in their constitutions. The United Nations Universal Declaration of Human Rights, for example, lists both types of rights, although they are not identified as such. The inclusion of positive rights in constitutions is often emphasized by libertarians, who believe that they do not exist until they are created by a contract. While many liberal democracies guarantee negative rights, not all include positive rights in their constitutions. Instead, these rights are often guaranteed by other laws, and most liberal democracies provide publicly funded education, healthcare, social security, and unemployment benefits.
The distinction between negative and positive rights can also be applied to liberty rights. For example, an individual has a negative right to life against another person if that person is required to refrain from killing them. On the other hand, the positive right to life would require that person to act as necessary to preserve the other's life. Similarly, in a court of law, a negative right would prohibit one party from acting upon the other in a certain way, while a positive right would oblige one party to act upon the other in a specific way.
The inclusion of negative and positive rights in constitutions is a complex issue. Some scholars, like Elkins, argue that there should be a balance between generality and specificity in constitutional rights. Having rights specifically enumerated can prevent their interpretation, but it may also lead to omissions as cultural norms evolve. On the other hand, a constitution that is too general may require renovation over time to include more groups. The US Constitution, for example, is general enough to be interpreted to include more groups but may need updates in certain areas.
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Frequently asked questions
India's constitution has been amended 106 times, with the latest amendment being made on 28 September 2023.
The Indian Constitution has been influenced by many countries, including the USA, Ireland, Germany, and the Soviet Union (now Russia).
The frequency of constitutional updates varies from country to country and depends on various factors such as political stability and social changes. Some countries update their constitutions regularly, while others have not made any changes for decades. For example, the US Constitution has only seven articles, while the Australian Constitution has 128 articles.
