Eleanor Finch
The American Constitution has had a profound influence on the rest of the world. It was the first single-document constitution, and its longevity has made it a wellspring of inspiration and innovation for other nations. The fundamental idea behind it—that the people of a nation hold the constituent power—has been universally influential, along with the American processes of ratification and amendment, which give constitutions permanence. Since the American Constitution was ratified, the idea of a single written constitution has spread worldwide. While the American Constitution drew from various sources, including Britain, Ancient Greece, and contemporary Poland, it is now America's most important export. The influence of the American model is evident in the constitutions of Canada, Honduras, El Salvador, and many other countries.
| Characteristics | Values |
|---|---|
| First complete written national constitution | The United States |
| First single-document constitution | The United States |
| Longest-lived constitution | The United States |
| Countries influenced by the US Constitution | Canada, Honduras, El Salvador, Haiti, South Vietnam, Philippines, Poland, France |
| Notable exceptions without written constitutions | The United Kingdom, New Zealand, Israel |
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What You'll Learn
Influence of the US Constitution abroad
The US Constitution has had a profound influence on the constitutions of other countries, especially in Latin America and Asia. It is considered the first national written constitution, ratified in 1788 and put into effect in March 1789, and has since been amended 27 times. The US Constitution served as a model for other nations drafting new constitutions, providing a blueprint for a written constitution, a presidential system of government, the right to bear arms, and the prevention of quartering soldiers.
One of the earliest influences of the US Constitution abroad was on Poland's 1791 constitution, which copied its preamble and impeachment provisions. The US Constitution also inspired the constitutions of Venezuela (1811), Mexico (1824), the Central American Federation (1825), and Argentina (1826). These countries adopted the US model to legitimize their independence and nationhood, repudiating monarchy and proclaiming political freedom.
In Asia, the US Constitution influenced the ""MacArthur Constitution" of Japan in 1947, as well as the constitutions of the Philippines, China, and India. In the post-World War II era, the US Constitution influenced the 1949 Basic Law of the Federal Republic of Germany, and the constitutions of Cuba (1901), Panama (1904), and Haiti (1918) also bear imprints of American constitutionalism.
The influence of the US Constitution is also evident in the constitutions of Canada, Honduras, El Salvador, and Australia. Canada's 1982 constitution includes a Canadian Charter of Rights and Freedoms, outlining civil rights, and Australia adopted a federal system with a senate, formal separation of powers, and judicial review. However, Australia also preserved elements of the British Westminster system, demonstrating a blend of constitutional influences.
While the influence of the US Constitution has been significant, it has waxed and waned over time. Since the 1980s, its influence has been in decline as countries create new constitutions or update older ones. Additionally, democratizing countries often favour more centralized British or French models. Nonetheless, the US Constitution remains a remarkable contribution to the global spread of constitutionalism and the search for freedom under a system of laws.
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The US Constitution as a guiding pattern
The US Constitution has been a guiding pattern and an inspiration for many countries around the world. As the first single-document constitution, its influence has transcended cultural, historical, and legal differences, with almost every nation recognising the value of having a constitution.
The fundamental principle of the US Constitution is the belief that the people of a nation hold the power, and as such, they can formulate and promulgate a constitution. This concept of a constitutional convention embodies the sovereignty of the people. The US Constitution's permanence is also a significant aspect, as it cannot be superseded by other laws, a characteristic that has been adopted by all subsequent constitutions.
The American Constitution drew inspiration from various sources, including Britain, Ancient Greece, and contemporary Poland. The delegates at the Philadelphia Constitutional Convention aimed to address the flaws they saw in state constitutions, which often granted unlimited power to elected legislatures. The resulting checks and balances system was a reinstatement of what they believed the British constitution stood for before kings began exceeding their power.
The influence of the US Constitution can be seen in the constitutions of several countries. For instance, the 1982 constitutions of Canada and Honduras and the 1983 constitution of El Salvador show the impact of American constitutional ideology. The Philippines, a former American colony, also modelled its constitution closely on the American one. Additionally, the South Vietnam Constitution of 1967 and Haiti's 1918 constitution reflect American influence, though in the case of Vietnam, this was less appropriate given its French legal tradition.
Since the 20th century, written constitutions have become even more prevalent, especially after the Second World War. The collapse of the Soviet Empire further fuelled this trend, with new governments expressing faith in constitutions' ability to guide them. While these newer constitutions tend to be longer and cover more institutions, the US Constitution remains a pivotal example of constitutional governance and a wellspring of innovation.
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The US Constitution's longevity
The US Constitution is the longest-lived single-document constitution in the world. It has influenced the constitutions of many other countries, and its longevity can be attributed to several factors, including its adaptability, its influence on the idea of a written constitution, and its expression of the sovereignty of the people.
The US Constitution has been adaptable to changing circumstances and interpretations over time. The amending process built into the Constitution has allowed for modifications and updates to reflect evolving societal values and needs. This adaptability has contributed to its longevity by ensuring that the document remains relevant and responsive to the nation's changing dynamics.
The US Constitution played a pivotal role in popularising the concept of a single written constitution worldwide. Following its ratification, countries like Poland (1791) and France (1791) swiftly adopted their own written constitutions, with many others following suit during the 19th century. This trend continued after significant global events, such as World War II, when new constitutions emerged to guide post-war governments. The US Constitution's influence in inspiring and shaping these constitutional developments internationally has contributed to its enduring significance.
The US Constitution embodies the belief that the people are sovereign and possess the power to formulate and promulgate their constitution. This fundamental principle, expressed through the constitutional convention, has been universally influential. The American ratification and amending processes have imparted permanence to the Constitution, ensuring that no single law can supersede the foundational framework established by the Constitution itself. This characteristic of enduring stability has been a key factor in its longevity.
The influence of the US Constitution extends beyond its direct impact on the adoption of written constitutions in other countries. It has also shaped the content and principles enshrined in these constitutions. For example, the 1982 constitutions of Canada and Honduras and the 1983 constitution of El Salvador reflect American constitutional ideology. Additionally, the US Constitution has influenced the legal traditions of former colonies, such as the Republic of the Philippines, which remained under American sovereignty until 1946.
In summary, the longevity of the US Constitution is rooted in its adaptability, its role in promoting the idea of written constitutions, and its expression of popular sovereignty. Its influence has been felt across the globe, shaping the constitutional landscapes of nations and contributing to the enduring nature of constitutional governance.
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Other constitutions influenced by the US
The US Constitution has been highly influential worldwide, with almost every nation accepting the value of having a constitution. The American invention of judicial review, for example, has spread globally, although the Austrian/German style is more popular. The US Constitution's fundamental belief in the power of the people as the sovereign body has been particularly inspiring and innovative.
Many countries have been influenced by the US Constitution in framing their own, including Poland, which adopted its first written constitution in 1791, and France, which followed later that year. The US Constitution has also had a significant influence on its former colony, the Philippines, which had a commonwealth constitution granted in 1935 that remained in place until 1973. The South Vietnam Constitution of 1967 also copied the US model, perhaps too closely given Vietnam's French legal traditions. Haiti's 1918 constitution was influenced by American military forces occupying the country, and the preamble to the North Vietnamese Constitution was taken directly from Lincoln's Gettysburg Address.
The US Constitution has also influenced the more recent constitutions of Canada (1982), Honduras (1982), and El Salvador (1983). The wave of new constitution-writing since the collapse of the Soviet Union has resulted in longer constitutions that govern more institutions, although they tend to be longer than the US Constitution.
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US Constitution vs. British constitution
The US Constitution and the British Constitution are based on two entirely different political systems. The US Constitution is a written document, consisting of seven articles, 27 amendments, and a preamble. It establishes a federal system that divides power between the legislative, executive, and judicial branches of government. The British Constitution, on the other hand, is unwritten and comprises a vast array of traditions and court rulings that collectively function as a working constitution.
In the US Constitution, the President is the Head of State and the executive head. The US Constitution also recognises a concept of federation, where federal power is centralised, and individual states have autonomy. This is in contrast to the UK, which is a unitary state comprising four countries: Scotland, Ireland, England, and Wales. While the British Queen is the Head of State, she is not the executive head, as the UK operates on the principle of parliamentary sovereignty, where power rests with Parliament and not the people.
The British Constitution does not require a rigid process to initiate amendments, unlike the US Constitution, which has a defined process for ratification. The US Constitution includes provisions for states' rights and a clear separation of powers between federal and state governments. Federal powers enumerated in the US Constitution include the right to collect taxes, declare war, and regulate trade.
The US and UK constitutions are among the most popular in the world and have served as models for many other countries. However, the US Constitution's concept of separation of powers is not absolute due to checks and balances, allowing for interference and scrutiny among the branches of government. In the British political system, the legislature, executive, and judiciary are independent of each other. The British courts, including the Supreme Court, are not constitutionally equal to the other branches of government, as seen in the US, where courts play a crucial role in interpreting and upholding the Constitution.
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Frequently asked questions
The American Constitution was the first single-document constitution, and it has served as a model for many other countries. While it is difficult to pinpoint an exact number, it is safe to say that the influence of the American Constitution is widespread and has inspired constitutional conventions around the world.
The constitutions of Canada (1982), Honduras (1982), El Salvador (1983), and the Republic of the Philippines (1935) all show significant influence from the American constitutional model.
The American Constitution popularized the idea of a single written constitution and established the concept of constitutional permanence through its ratification and amending processes. It also introduced the idea that the people of a nation are the constituent power and hold sovereign power.
Yes, notable examples include the United Kingdom, New Zealand, and Israel, which do not have written constitutions.
Constitutions influenced by the American model tend to be much longer because they govern more institutions, such as central banks, administrative agencies, cabinet-level offices, and the military.
