Global Constitutions: A Comparative View

The US Constitution has been a source of inspiration for many nations drafting their constitutions, especially in Latin America during the early 19th century. The idea of a written constitution, with provisions for a presidential system, the right to bear arms, and the prevention of soldier quartering during wartime, has been borrowed by many countries. However, the influence of the US Constitution has been waning since the 1980s as countries create new constitutions or update older ones, with some critics viewing it as a relic of the 18th century. While the US Constitution may guarantee relatively few rights compared to other nations, its principles of rule of law and recognition of individual rights have had a lasting impact on transnational history, influencing leaders such as Abraham Lincoln and Benito Juarez of Mexico.

Explore related products

Towering Judges (Comparative Constitutional Law and Policy)

$42 $138

Politics, an Introduction to the Study of Comparative Constitutional Law

$36.5

The Oxford Handbook of Comparative Constitutional Law (Oxford Handbooks)

$58.09 $95

New Democracies in Crisis?: A Comparative Constitutional Study of the Czech Republic, Hungary, Poland, Romania and Slovakia (Routledge Advances in European Politics)

$210 $66.99

Constitutionalizing the Private Sphere: A Comparative Inquiry (Cambridge Studies in Constitutional Law)

$101.55 $130

Constitutionally Conforming Interpretation – Comparative Perspectives: Volume 2: Connections and Analysis (Hart Studies in Constitutional Theory)

$171 $190

Influence on Southeast Asian countries

The influence of the US Constitution is apparent in transnational history, foreign translations, and exchanges between Americans and their foreign counterparts. American historian George Athan Billias describes six waves of influence, from 1776 to the present, with the US Constitution referenced by Latin American, Caribbean, and European nationalists. However, the manner in which constitutions are written today is less influenced by the US model. The US Constitution guarantees relatively few rights compared to other constitutions and contains less than half of the provisions listed in the average bill of rights.

In Southeast Asia, the concept of the rule of law is constantly being negotiated by those in power. While many Southeast Asian nations use democratic institutions to consolidate power, they are not alone in this trend, which reflects a global decline in freedoms and democracies. Cambodia, for example, celebrated 25 years of democratic elections in 2018 by becoming a one-party state, with the ruling Cambodian People's Party (CPP) outlawing the opposition and winning every parliamentary seat.

Thailand has had three Constitutions since 1997, in addition to two interim ones installed after coups. The latest Thai charter, drafted and passed by the military junta that has been ruling the country since 2014, cements the military's power and grants it sweeping authority.

The Philippines has also seen constitutional reform as a cornerstone of President Rodrigo Duterte's agenda. Duterte established a panel to propose amendments to shift the centralized government to a federal structure, with a 22-member panel working to draft an update to the country's 1987 Constitution.

Indonesia's constitution, known as the Undang-Undang Dasar 1945 or UUD 1945, was enacted in 1945 as the country declared its independence from the Netherlands. It was replaced by the 1949 Federal Constitution and then the 1950 Provisional Constitution. In 1959, the UUD 1945 was restored by a Presidential Decree and remained unchanged during the New Order. During the Reform Era, comprehensive reforms were adopted, amending existing provisions and introducing new articles, including ten Articles concerning human rights.

While the US Constitution has influenced nations worldwide, Southeast Asian countries have also been influenced by other models, such as the British Westminster system, and have navigated their unique pathways toward democratic institutions and the rule of law.

Influence on Latin America

The US Constitution has had a significant influence on Latin America, with its impact being felt in the region through various waves of influence. The first wave occurred after the American Revolution, from 1776 to 1811, when the ideas and principles of the US Constitution resonated with Latin American nationalists. This influence was further strengthened during the period of 1811-1848, following the decline of Napoleon's reputation, as Latin American nationalists drew inspiration from the US model of governance.

The US Constitution's emphasis on limiting the power of rulers and its expression of divergence from colonial rule particularly resonated with Latin American countries seeking independence and self-determination. The concepts of constitutional conventions, written constitutions, ratification, and amendment procedures, as well as provisions for presidential executives, federalism, and judicial review, all shaped the political and legal frameworks of emerging Latin American nations.

One notable example of the US Constitution's influence in Latin America is the case of Mexico. Benito Juarez, a contemporary and ally of Abraham Lincoln, viewed the United States as a model of republican democracy. He supported Lincoln during the American Civil War, and his own constitutional ideals were informed by the US Constitution.

However, it is important to note that while the US Constitution has had a historical influence on Latin America, the region has also developed its own unique constitutional traditions and principles. The constitutions of Latin American countries reflect their specific historical, cultural, and political contexts, and they have also been influenced by other models, such as the French and British constitutional traditions.

In recent times, the influence of the US Constitution on Latin America has evolved. While it continues to serve as a reference point, the constitutions of other countries, such as Canada, are now seen as leading international models. Latin American countries may draw on a variety of constitutional traditions and adapt them to their own needs, rather than solely relying on the US Constitution as a source of inspiration.

Influence on European colonies

The influence of the US Constitution on the European colonies can be observed in various ways. Firstly, it represented a divergence from colonial rule, as the United States viewed itself as distinct from European civilizations. This perspective is reflected in the US Constitution's emphasis on limiting the power of rulers and upholding the rule of law and individual rights. This influenced other nations, including Mexico, during their own struggles for independence and self-governance.

The US Constitution's impact on European colonies can also be seen in its influence on constitutionalism and democracy. During the period of 1776 to 1811, after the American Revolution, it influenced northwestern European colonies and their connections. From 1811 to 1848, it was referenced by Latin American, Caribbean, and European nationalists following the decline of Napoleon's reputation. The six waves of influence described by historian George Athan Billias highlight the spread of American constitutionalism to these regions.

Additionally, the US Constitution's principles have had a lasting impact on the constitutions of former European colonies. For example, Australian constitutional law was influenced by the US Constitution while also preserving Westminster parliamentary traditions. Similarly, many countries that were once part of the British Empire adopted the British Westminster system, demonstrating a blend of constitutional influences.

It is worth noting that the direct influence of the US Constitution on European colonies has evolved over time. While it once served as a source of inspiration, the manner in which constitutions are written today may not closely follow the American model. The constitution of Canada, revised in 1982, is now considered a leading international model. The US Constitution is viewed by some, such as Supreme Court Justice Ruth Bader Ginsburg, as a relic of the 18th century rather than a template for modern constitutions.

In conclusion, the US Constitution has had a complex and evolving influence on European colonies. While it initially inspired movements towards independence and democracy, the direct adoption of its principles in modern constitution-building has given way to the emergence of new models that better reflect the complexities of governance and the protection of individual rights.

Explore related products

European Constitutional Courts and Transitions to Democracy (ASCL Studies in Comparative Law)

$37 $37

Fragile Democracies: Contested Power in the Era of Constitutional Courts (Cambridge Studies in Election Law and Democracy)

$32.63 $37

The Rights of Women in Comparative Constitutional Law

$44.79 $55.99

The Distorting Lens of Convergent Constitutional Theory (Hart Studies in Constitutional Theory)

$99 $110

The Constitutional Courts of Small Jurisdictions (Small State Studies)

$43.31 $56.99

Crisis of the Criminal Law in the Democratic Constitutional State: Manifestations and Trends (Legal Studies in International, European and Comparative Criminal Law)

$179.99 $169

The US Constitution as a civil religion

The US Constitution is viewed as a civil religion by Americans, with distinctive features such as presidential monuments, war memorials, and the display of sacred scriptures. This civil religion blends nationalism and religion, with Americans identifying the nation as the source of their religious freedoms and the embodiment of their deepest religious aspirations.

Political sociologist Anthony Squiers refers to the Constitution, along with the Declaration of Independence and the Bill of Rights, as the sacred writ of American civil religion. These texts serve as authoritative symbols in what Squiers calls the "politics of the sacred", where the community's sacred values shape what is tolerated and accepted. The US Constitution, as a civil religion, has been used to reject nonconformist ideas and groups, and it plays a role in integrating immigrants into American society.

The Constitution is also viewed as an expression of Americans' divergence from colonial rule, reflecting ideals of limiting rulers' power and recognizing individual rights. Its influence can be seen in transnational history, foreign translations, and exchanges between Americans and their counterparts. However, the Constitution has also been criticised as a relic of the 18th century, with fewer guaranteed rights compared to other countries' constitutions.

The document has had worldwide influence, shaping the thinking of other nations' constitutionalists, particularly during waves of decolonization and independence movements. It has inspired constitutional conventions, written constitutions, and amendment procedures in other countries.

In conclusion, the US Constitution is regarded by Americans as a civil religion, blending nationalism and religion, and it has had a significant impact on the thinking of other nations regarding governance and individual rights.

The US Constitution's global impact on legal thinking

The US Constitution has had a significant impact on legal thinking worldwide, influencing the development of legal systems and constitutions in numerous countries. Its influence is evident in the trans-national history of ideas, foreign translations, and exchanges between Americans and their international counterparts.

One of the most notable impacts of the US Constitution is its role in shaping the concept of constitutionalism and democratic governance. The US Constitution's principles, such as popular sovereignty, separation of powers, and recognition of individual rights, have inspired constitutional reforms in other nations. Beginning in the mid-19th century, European colonies referenced the US Constitution when establishing their own freely elected governments, marking a shift from monarchical rule to representative democracy.

The US Constitution's influence extended beyond Europe, particularly to Latin America and the Caribbean. Countries in these regions adopted similar constitutions and a federalist framework of government. For example, President Benito Juarez of Mexico implemented practices like judicial review when introducing liberal policies into the Mexican constitution, drawing legal inspiration from the US. Similarly, nationalists such as Jose Rizal of the Philippines and Sun Yat-sen of China were also influenced by the US Constitution in their pursuit of democratic ideals.

However, the influence of American constitutionalism has not been universally adopted. Countries with Confucian and Islamic cultures, for instance, have not readily embraced some of its premises. Additionally, while the US Constitution contributed to the ideals of the 1789 French Revolution, France's failure to establish certain restrictions on government power, as outlined by historian John Emerich Edward Dalberg, led to an uncontrollable expansion of legislative and executive power during the Reign of Terror.

Today, the US Constitution's impact on legal thinking continues to evolve. While some critics argue that it guarantees relatively few rights compared to other constitutions, its core principles, such as respect for the rule of law and limited government, remain influential. The US Constitution's legacy lies in its ability to shape political systems and inspire ongoing discussions about individual rights and liberties worldwide.

Frequently asked questions