Malcolm Rivera
The age of a country's constitution is a measure of how long it has been in force, and some of the world's oldest democracies have only been around for about 150 years. The United States Constitution, ratified in 1788, is often considered the oldest constitution in the world, as it is the oldest and shortest written constitution still in force. However, the US Constitution is not the oldest governing document, as the UK's uncodified constitution includes the Magna Carta, which dates back to the 13th century. Additionally, San Marino's constitution, which includes written laws enacted in 1600, is also older than the US Constitution. Other notable old constitutions include Poland's Constitution of 1791, the French Constitution of 1791, and Canada's Constitution, written in 1867.
| Characteristics | Values |
|---|---|
| Oldest constitution | San Marino |
| Oldest unamended constitution | Japan |
| Oldest constitution with some written governing documents still in effect | United Kingdom |
| Oldest constitution still in force | United States of America |
| Shortest time taken to draft a constitution | A week (Japan's 1946 Constitution) |
| Longest time taken to draft a constitution | 17 years (Myanmar 2008 Constitution) |
| Shortest overall process of drafting, adoption, and ratification of a national constitution | Less than a month (Romania's 1938 constitution) |
| First constitution in Europe | Poland's Constitution of 3 May 1791 |
| Second oldest constitution | United States of America |
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What You'll Learn
- The US Constitution: oldest and shortest written constitution still in force
- San Marino: oldest written document governing a sovereign nation
- Poland's Constitution: a historically significant document
- Canada's Constitution: outlines the country's system of government
- Japan: the oldest unamended constitution
The US Constitution: oldest and shortest written constitution still in force
The US Constitution, first ratified in 1788, is often considered the oldest constitution in the world. However, this claim is disputed by scholars, some of whom argue that the UK and San Marino have older written governing documents still in effect. The UK's uncodified constitution, for instance, includes the Magna Carta, which dates back to the 13th century. San Marino's constitution, meanwhile, is based on various "legislative instruments", including written laws enacted in 1600.
Despite these older written governing documents in other countries, the US Constitution is unique in that it is a single document that lays out a comprehensive framework for governing a country. This characteristic is consistent with how many people define a constitution. Additionally, the US Constitution was the first permanent constitution of its kind and has influenced the constitutions of several other countries.
The US Constitution is also notable for being the shortest written constitution still in force. Since its enactment in 1789, close to 800 constitutions have been adopted and subsequently amended by independent states worldwide. The average life of a newly written constitution is approximately 19 years, according to recent studies. This relative brevity of national constitutions underscores the enduring nature of the US Constitution.
While the US Constitution is the oldest and shortest written constitution still in force, it has not been static. It has been amended several times, reflecting the evolving nature of governance and the nation's commitment to adapting its foundational document to meet the changing needs of its citizens.
In summary, the US Constitution, the oldest and shortest written constitution still in force, serves as a testament to the nation's longevity and adaptability. Its influence extends beyond US borders, as it has inspired and shaped the constitutions of numerous other countries. The enduring nature of the US Constitution is particularly remarkable given the relatively short lifespan of many other national constitutions.
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San Marino: oldest written document governing a sovereign nation
The Republic of San Marino is a small country in Southern Europe, almost entirely surrounded by Italy. It is the third smallest country in Europe and the fifth smallest in the world. San Marino is governed by the Constitution of San Marino, a series of six books written in Latin in the late 16th century. These books dictate the country's political system and other matters. San Marino has the oldest written governing document, or constitution, still in effect today.
The country's constitution lays claim to being the oldest extant sovereign state as well as the oldest constitutional republic. San Marino's unique constitutional structure involves a democratically elected legislature, the Grand and General Council, selecting two heads of state, the Captains Regent, every six months. The Captains Regent are chosen from opposing political parties and serve concurrently with equal powers.
San Marino's constitution is not the only ancient governing document in the world. Japan has the oldest unamended constitution, which was drafted in 1946. The record for the shortest drafting process belongs to Romania's 1938 constitution, which installed a royal dictatorship in under a month. The United States Constitution is the oldest and shortest written constitution still in force and has been amended numerous times since its creation in 1789.
The concept of a constitution has evolved over centuries, with political philosophers offering criticisms of monarchical practices and proposing principles of constitutional design. The Renaissance period saw the revival of the Roman law of nations and the development of "laws of war and peace". Thomas Jefferson predicted in the late 18th century that an optimal constitution would remain in force for 20 years, as "the earth belongs to the living, and not to the dead". Studies have shown that the average life of a newly written constitution is around 19 years.
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Poland's Constitution: a historically significant document
The Polish Constitution of 3 May 1791 is a historically significant document, recognised as an expression of remarkable political will in times of adversity. It is considered the first constitution of its kind in Europe and the world's second oldest, after the American Constitution of 1787. It was the second written constitution in the world and played a pivotal role in the development of democratic ideals in the Western world.
Poland has had numerous constitutions throughout its history, but the 1791 Constitution stands out for several reasons. Firstly, it was designed to address long-standing political defects within the Polish-Lithuanian Commonwealth. The constitution introduced political equality between townspeople and nobility, providing protection for the latter group and mitigating the worst abuses of serfdom. It also abolished detrimental parliamentary institutions such as the liberum veto, which had allowed a single deputy to undo all legislation.
Secondly, the Polish Constitution of 1791, like its American counterpart, sought to restrict the powers of the monarchy and protect individual rights. This was a significant development in a world dominated by absolute monarchies. By the end of the 18th century, America and Poland were the only two democratic countries in the world. The Polish Constitution's commitment to democracy was so strong that it nurtured the political aspirations of Polish citizens for generations, eventually leading to the restoration of Poland's independence in 1918.
Finally, the 1791 Constitution holds historical significance because it was created during a period of Polish influence and respect in Europe. Over several centuries, Poland had established itself economically, politically, and culturally, forming alliances with major European dynasties, particularly the Habsburgs. The two-state union of Poland-Lithuania, dating from 1385, further solidified Poland's importance in the political arena of Europe.
In summary, the Polish Constitution of 3 May 1791 is a historically significant document that expressed a strong political will, introduced groundbreaking democratic ideals, and was created during a time of Polish influence and respect in Europe. It continues to be a source of inspiration for generations of Polish citizens and a testament to the country's rich history and commitment to democracy.
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Canada's Constitution: outlines the country's system of government
Canada is a constitutional monarchy and a parliamentary democracy, rooted in the Westminster tradition. The country's constitution outlines the fundamental rules and principles that govern the country, creating many of its institutions and branches of government, and defining their powers.
Canada was created by an act of the Parliament of the United Kingdom, the British North America Act, 1867 (now known as the Constitution Act, 1867), which united the British colonies of the United Province of Canada, Nova Scotia, and New Brunswick. The Constitution Act, 1867, recognised Canada as a constitutional monarchy and provided for a constitution "similar in principle" to the largely unwritten constitution of the United Kingdom.
Canada's Constitution includes both written and unwritten components. It comprises core written documents and provisions that are constitutionally entrenched, take precedence over all other laws, and place substantive limits on government action. These include the Constitution Act, 1867, and the Canadian Charter of Rights and Freedoms. The Constitution Act, 1982, contains the Canadian Charter of Rights and Freedoms and the procedure for amending the Constitution.
The Constitution sets out the basic principles of democratic government in Canada when it defines the powers of the three branches of government: the Crown, the Executive, and the Legislative. The King has executive power, but in Canada's democratic society, the King's powers are exercised by constitutional convention on the advice of Ministers who enjoy the confidence of the House of Commons. The Prime Minister and other Ministers form the Cabinet, which is responsible to Parliament for government business. The Executive Branch, led by the Prime Minister and Cabinet, implements laws and policies, with cabinet ministers being collectively and individually accountable to Parliament.
Canada is a bijural country, meaning it has both common and civil law systems. Matters of private law in Quebec are governed by civil law, while the common law applies in the other provinces.
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Japan: the oldest unamended constitution
The Constitution of Japan is the oldest unamended constitution in the world. Drafted in 1946, it is also one of the shortest constitutions, consisting of a preamble and 103 articles grouped into 11 chapters. It was written primarily by American civilian officials during the Allied occupation of Japan after World War II, and it came into effect on 3 May 1947. The constitution is based on the principles of popular sovereignty, pacifism, and the protection of individual rights.
The Japanese Constitution guarantees individual rights, including legal equality, freedom of assembly, association, and speech, due process, and the right to a fair trial. It also reduces the role of the Emperor in the system of constitutional monarchy, making him a symbolic figure and stripping him of any political power. Notably, Article 9 of the constitution renounces Japan's right to wage war and maintain a military force.
The constitution's longevity without any amendments is surprising, and one hypothesis is that it is simply too difficult to amend. Amending the Japanese Constitution requires a two-thirds supermajority proposal in the Diet, followed by ratification in a national referendum by a simple majority. While the legislative procedure is typical, the high threshold for initiating the process may contribute to the lack of amendments.
Another factor contributing to the lack of amendments is the constitution's brevity and low specification of political institutions. At just under 5,000 words, it is one of the shortest constitutions among democracies. This leaves many details to be determined by law, allowing reforms that would require formal amendments in other constitutions to be legislated through simple parliamentary majorities in Japan.
In conclusion, the Japanese Constitution, the oldest unamended constitution in the world, has survived due to its concise nature and high thresholds for amendments. Its impact is further shaped by legislation, granting it flexibility despite its age.
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Frequently asked questions
The US Constitution, ratified in 1788, is often considered the oldest constitution in the world. However, some scholars argue that the UK and San Marino have older written governing documents. San Marino's constitution is said to be nearly 200 years older than the US Constitution.
Some of the oldest constitutions in the world include Poland's Constitution of 3 May 1791, the Spanish Constitution of 1812, and the Canadian Constitution, written in 1867.
The average life of a newly written constitution is around 19 years. Japan has the oldest unamended constitution in the world, last amended in 1946.
