Eleanor Finch
The frequency of constitutional updates varies across different countries. The mean lifespan of constitutions across the world since 1789 is 17 years. Constitutions in Latin America and Africa have an average lifespan of 12.4 and 10.2 years, respectively, whereas constitutions in Western Europe and Asia endure for 32 and 19 years, on average. The process of amending a constitution differs internationally; for instance, in Australia, a proposed law for alteration must pass both Houses of Parliament and then be voted on by the electors, whereas in the United States, amendments are proposed by Congress and do not require a referendum.
| Characteristics | Values |
|---|---|
| Mean lifespan of constitutions since 1789 | 17 years |
| Mean lifespan of constitutions in Latin America | 12.4 years |
| Mean lifespan of constitutions in Africa | 10.2 years |
| Mean lifespan of constitutions in Western Europe | 32 years |
| Mean lifespan of constitutions in Asia | 19 years |
| Mean lifespan of constitutions in OECD countries | 32 years |
| Mean lifespan of constitutions during World War I | 21 years |
| Mean lifespan of constitutions since World War I | 12 years |
| Countries that have pursued, are in the process of pursuing, or are considering pursuing processes to change their constitution | Haiti, Sri Lanka, Armenia, Kazakhstan, Central African Republic, and Barbados |
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What You'll Learn
Constitutional longevity
The longevity of a constitution is an important indicator of a country's political stability and the effectiveness of its democracy. On average, national constitutions have lasted only 17 years since 1789, with significant variation across regions. Latin American and African constitutions have a mean lifespan of 12.4 and 10.2 years, respectively, while those in Western Europe and Asia endure for 32 and 19 years, on average. The longevity of a constitution is influenced by various factors, including transition costs, ethnic heterogeneity, and regional trends.
The process of amending a constitution varies across countries. In Australia, amending the Constitution involves a two-step process. Firstly, the proposed law for alteration must pass through both Houses of Parliament. Secondly, within two to six months, the proposed change is voted on by the electors, requiring the approval of a majority of states (at least four) and a majority of electors. In the United States, the authority to amend the Constitution is derived from Article V, which does not require a referendum. Instead, Congress proposes an amendment in the form of a joint resolution, and the amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50).
Some countries have undergone recent constitutional changes or referendums. For example, Chile held a plebiscite in 2022 to approve or reject a new constitution, which was ultimately rejected by voters. In contrast, Tunisia's 2022 constitutional referendum resulted in the approval of a new constitutional text, despite low voter turnout. Myanmar's constitution has also undergone changes, with the military government writing a new constitution in 2008 that established a bicameral parliament and reserved 25% of parliamentary seats for military officers.
The longevity of a constitution is impacted by its ability to be amended and adapted to changing circumstances. Providing a mechanism for amendments is crucial for effective democracy. However, the frequency and ease of amendments can vary, and some constitutions may be more resistant to change than others. Overall, the average lifespan of constitutions highlights the challenges of ensuring stability, democracy, and the expression of guiding national principles.
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Average lifespan of constitutions
The average lifespan of constitutions varies across the world. According to an estimate, the average lifespan of national constitutions since 1789 is 17 years. Constitutions in Western Europe and Asia have typically lasted 32 and 19 years, respectively. On the other hand, the average lifespan of constitutions in Latin America and Africa is 12.4 and 10.2 years, respectively.
The short average lifespan of constitutions can be attributed to various factors, such as transition costs, ethnic heterogeneity, and political competition. Transition costs tend to be higher in richer countries, as the opportunity costs of negotiating basic principles are greater. Ethnic heterogeneity can also promote instability, as political competition often aligns with ethnic lines.
Some countries with relatively longer-lasting constitutions include the United States, with its 218-year-old constitution, and Switzerland, which has a stable government through constitutional referendums. However, it's worth noting that the longevity of a constitution does not necessarily indicate its effectiveness in promoting democracy.
In contrast, some countries have frequently amended their constitutions or undergone complete overhauls. For instance, Myanmar has had multiple constitutions, with the military government writing a new one in 2008. Chile and Tunisia also recently held plebiscites to approve or reject new constitutions, with Chile's voters rejecting the proposed text.
The process of amending constitutions varies across countries. For example, the Australian Constitution stipulates that a proposed law for alteration must pass both Houses of Parliament and then be voted on by the electors within two to six months. In the United States, the authority to amend the Constitution is derived from Article V, which does not require a referendum. The process involves Congress proposing an amendment in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA). The Governors submit the amendment to their State legislatures or call for a convention. Once three-fourths of the States (38 out of 50) ratify the proposed amendment, it becomes part of the Constitution.
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Constitution amendment processes
National constitutions have lasted an average of only 17 years since 1789. Constitutions in Latin America and Africa have lasted an average of 12.4 and 10.2 years, respectively. On the other hand, constitutions in Western Europe and Asia have typically endured 32 and 19 years, respectively. The Australian Constitution, for example, can be altered by first passing both Houses of Parliament, then within two to six months, the proposed change must be voted on by the electors. If a majority of the states (at least four) and a majority of the electors approve the change, it will be assented into law.
In the United States, the authority to amend the Constitution is derived from Article V of the Constitution. Congress proposes an amendment in the form of a joint resolution, which is then forwarded to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification. The Archivist then submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR.
The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in good order, the Director acknowledges receipt and maintains custody of them. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).
Myanmar's Constitution stipulates that 25% of all parliamentary seats are reserved for military officers nominated by the Commander-in-Chief of Defence Services. The Constitution was enacted in 2008 after a referendum, the fairness of which has been disputed. The Constitution runs to 213 pages, and Chapter XII outlines the method of amending it, which involves a bill with a proposal to amend the Constitution being submitted to the Pyidaungsu Hluttaw (the bicameral legislature).
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Factors leading to a constitution's demise
The average lifespan of a constitution since 1789 is 17 years, with the average being 21 years through World War I, and only 12 years since. This implies that the lifespan of constitutions is not increasing over time. Constitutions in Latin America and Africa have an average lifespan of 12.4 and 10.2 years, respectively, whereas those in Western Europe and Asia endure for 32 and 19 years, respectively.
Several factors can contribute to the demise of a constitution:
- Constitutional crises: These can range from minor issues to events that necessitate a new constitution. Crises can arise from conflicts between different branches of government, between central and local governments, or among various societal factions. For example, the 2017-2018 Spanish constitutional crisis occurred when the Catalan government held an independence referendum against the instructions of the Spanish courts, ultimately declaring independence.
- Political instability: Political competition often falls along ethnic lines, and ethnic heterogeneity can promote instability.
- Transition costs: In richer environments, transition costs are likely to be higher due to the greater opportunity costs of negotiating basic principles.
- Leadership: The quality of leadership among those committed to strengthening the government is crucial.
- Design of the constitution: The design and specific provisions within a constitution can impact its durability. For example, the absence of a bill of rights in the original US Constitution was a serious objection that had to be addressed.
- External factors: Unforeseen events or circumstances, such as war or economic shifts, can impact the stability of a constitution.
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Constitutional referendums
National constitutions have lasted an average of only 17 years since 1789. Constitutions in Western Europe and Asia have typically endured 32 and 19 years, respectively. In contrast, the average lifespan of constitutions in Latin America and Africa is 12.4 and 10.2 years, respectively. These numbers indicate that constitutions, in general, do not last very long.
The Australian Constitution provides an example of how a constitution can be altered. A proposed law for alteration must pass both Houses of Parliament. Within two to six months, the proposed change must be voted on by the electors. If a majority of the states (at least four) and a majority of the electors approve the change, it becomes law.
In some cases, amending a constitution requires more than a simple referendum. For instance, changing the qualifications of the President and Vice-President in some countries may necessitate double approval of 75% of parliament and more than half of the electorate in a referendum.
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Frequently asked questions
Constitutions do not usually last very long. The mean lifespan of a constitution across the world since 1789 is 17 years. Constitutions in Latin America and Africa have an average lifespan of 12.4 and 10.2 years, respectively. On the other hand, constitutions in Western Europe and Asia endure longer, with an average lifespan of 32 and 19 years, respectively.
There is no fixed schedule for updating a country's constitution. However, constitutions can be amended or replaced via different methods, such as referendums or votes. For example, Switzerland and Australia have stable governments through constitutional referendums. Myanmar's constitution was changed through a referendum in 2008, while the US Constitution does not require a referendum to be amended.
The frequency of constitutional updates can be influenced by various factors, including the country's political and economic development, ethnic heterogeneity, and the design of the constitution itself. For instance, the US Constitution has endured for over 200 years, while the Thai constitution of 1997 lasted only nine years before being overthrown in a coup.
