Constitutional Comparisons: Us Vs. The World

The US Constitution is the oldest and largest surviving constitutional republic, and it has served as a model for other nations' constitutions. However, a 2012 study found that the US Constitution guarantees relatively few rights compared to other countries, and it is one of the most difficult constitutions in the world to amend. For example, the US Constitution still includes the right to keep and bear arms, unlike most other countries. In contrast, the proposed EU constitution includes a long list of rights to services provided by the state, whereas the US Bill of Rights outlines individual rights against the state. The US Constitution has several unique characteristics, such as a preamble that describes the objectives of the Constitution in a concise and general manner, and a federal structure that divides powers between the federal government and the states.

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The US Constitution guarantees fewer rights than other countries

The US Constitution, the oldest and largest surviving constitutional republic in the world, guarantees fewer rights than other countries. A 2012 study by David Law and Mila Versteeg found that the US Constitution contains fewer than half (26 out of 60) of the provisions listed in the average bill of rights. For example, the US Constitution is one of the few in the world that still upholds the right to keep and bear arms, with only Guatemala and Mexico retaining this provision.

The US Constitution's Bill of Rights outlines a list of individual rights against the state, whereas other countries' constitutions, such as the proposed EU constitution, include a long list of rights to services provided by the state. The EU's Charter of Fundamental Rights guarantees the free movement of persons, goods, services, and capital within the Union, and prohibits discrimination based on nationality. This differs from the US Constitution, which does not explicitly guarantee these rights.

Additionally, the US Constitution has been criticised for its difficulty in being amended, allowing for democratic backsliding and the persistence of undemocratic institutions. This rigidity stands in contrast to other countries that have reformed and updated their constitutions over time.

While the US Constitution may guarantee fewer rights than other countries, it is important to note that it does provide certain protections. For instance, the Eighth Amendment protects individuals from excessive bail or fines and cruel and unusual punishment. The Ninth Amendment further declares that individuals possess fundamental rights beyond those explicitly stated in the Constitution.

The US Constitution is harder to amend than other countries' constitutions

The US Constitution is also more entrenched than other constitutions, meaning it has more stringent amendment procedures. These procedures are in place to ensure stability and enhance the function of law and government. However, they can also make it more challenging to adapt to social and technological changes. While the US Constitution has influenced other countries' constitutions, such as Australia's, it has been noted that the US Constitution guarantees relatively few rights compared to other nations.

The constitutions of India, Mexico, and Brazil, for example, are amended nearly every year. This frequent change allows for internal adjustments and avoids the need for costly total replacements. In these countries, the stakes of amendment are lower, and cultural resistance to change is reduced. The influence of the US Constitution has been waning in recent years, with Supreme Court Justice Ruth Bader Ginsburg viewing it as a relic of the 18th century rather than a model for new constitutions.

The difficulty of amending the US Constitution has been a topic of discussion among scholars, with some arguing that the institutional barriers are predictable determinants of stability or flexibility. The high voting thresholds and involvement of multiple political actors in the amendment process contribute to the entrenched nature of the US Constitution.

The US Constitution has influenced other countries' constitutions

The US Constitution has been influential in the creation of other countries' constitutions. It was the first single-document constitution and is the longest-lived. In just two centuries, almost every nation has come to accept the value of having a constitution.

The US Constitution has directly inspired the constitutions of several countries. Venezuela adopted a US-inspired constitution in 1811, followed by Mexico in 1824, the Central American Federation in 1825, and Argentina in 1826. The 1791 constitution of Poland copied the preamble and impeachment provisions from the US Constitution and included Europe's first statement of popular sovereignty. The US Constitution also influenced the "MacArthur Constitution" of Japan in 1947, and the constitutions of Cuba in 1901, Panama in 1904, and Haiti in 1918, all of which bore imprints of American constitutionalism.

The Australian Constitution was influenced by the US Constitution, adopting a federal system with a senate representing the states and incorporating the concepts of separation of powers and judicial review. However, Australia also preserved aspects of the British Westminster system, including the monarchy.

The Philippines, a former American colony, was significantly influenced by the US Constitution. From 1896 until its independence in 1946, the Philippines had a commonwealth constitution that remained in place until 1973.

While the US Constitution has had a notable impact on other countries' constitutions, its influence has been waning since the 1980s as countries create new constitutions or update older ones. Supreme Court Justice Ruth Bader Ginsburg viewed the US Constitution as a relic of the 18th century and suggested that nations seeking new constitutions should look to models such as the Constitution of South Africa, the Canadian Charter of Rights and Freedoms, and the European Convention on Human Rights.

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The US Constitution is a model for new constitutions

The US Constitution has had a profound influence on the history of ideas and legal thinking worldwide. It has served as a model for new constitutions in several countries. The Constitution's main provisions include seven articles that define the basic framework of the federal government, introducing novel concepts such as checks and balances, separation of powers, and defining said powers. The amendment process also made it a living document that could be adapted with enough popular support and state ratification.

The US Constitution's influence can be seen in the similarities of phrasing and borrowed passages in other constitutions, as well as in the principles of the rule of law, separation of powers, and recognition of individual rights. For example, the Australian Constitution was influenced by the US Constitution, adopting a federal system with a senate representing the states and the concepts of separation of powers and judicial review.

Nationalists and reformers such as Jose Rizal of the Philippines and Sun Yat-sen of China also drew inspiration from the US Constitution in their calls for political reform and self-governance. The US Constitution's impact was particularly notable in the early 20th century as former European colonies transitioned to self-governance and adopted federal and parliamentary models of government.

However, some critics argue that the influence of the US Constitution as a model for new constitutions has been waning in recent decades. A 2012 study by David Law found that the US Constitution guarantees relatively few rights compared to other countries' constitutions and contains less than half of the provisions listed in the average bill of rights. Supreme Court Justice Ruth Bader Ginsburg shared a similar view, suggesting that newer constitutions, such as those of South Africa and Canada, might serve as better models for nations seeking to draft modern constitutions.

The US Constitution is an expression of Americans diverging from colonial rule

The US Constitution has had a significant influence on the legal thinking and constitutions of other countries. Its impact is evident in the similarities of phrasing and borrowed passages in other nations' constitutions, reflecting American ideals and principles. However, the US Constitution is also seen as an expression of Americans' divergence from colonial rule.

During colonial times, the British government treated Americans as unequals, resulting in resentment and fears of losing control over their affairs. The colonists perceived legal inequality, as exemplified by the authorization of writs of assistance in Boston in 1761, while similar "general warrants" were outlawed in Britain. This led to a colonial grievance and a sense of being treated as "children" under the authority of the "parents," as expressed in the principle of parliamentary sovereignty. The colonists responded by asserting their rights and insisting on equality, which laid the foundation for their constitutional thinking.

The US Constitution, therefore, embodies the Americans' desire to break free from colonial rule and establish their sovereignty. This viewpoint is supported by historian William H. McNeill, who argued that the United States saw itself as distinct from the European civilization of their colonization. The Constitution reflects this divergence in its ideals of limiting the power of rulers and upholding the rule of law and recognition of individual rights.

While the US Constitution has influenced other nations, its impact has been waning since the 1980s as countries create new constitutions or update older ones. Sanford Levinson notes that the process of amending the US Constitution is more challenging than in other nations. As a result, constitutions like Canada's, revised in 1982, are now seen as leading international models. Supreme Court Justice Ruth Bader Ginsburg echoed this sentiment, suggesting that nations seeking modern constitutions should look to models like South Africa's (1997) and the European Convention on Human Rights (1950).

In conclusion, while the US Constitution has had a significant influence globally, it also stands as a testament to Americans' desire to forge their own path, free from colonial rule. Its impact abroad has been complex, with some nations embracing its principles while others opt for more centralized models or create innovative constitutions that reflect their unique contexts.

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