
The oldest constitution in the world is a topic of debate, with several countries claiming to have the oldest constitution. The Constitution of San Marino, which came into effect in 1600, is believed to be the oldest surviving constitution in the world. However, it is comprised of a series of six books written in Latin, and many historians and legal scholars abstain from recognizing it as the oldest surviving national constitution. The United States Constitution, which came into force in 1789, is often considered the oldest constitution because it is the oldest and longest-standing written and codified national constitution in force. The Constitution of Poland, dating back to 3 May 1791, is considered the second-oldest modern constitution and the oldest in Europe. The Australian Constitution, drafted in the 1890s, is also one of the oldest in the world. Other notable old constitutions include those of the United Kingdom (including the Magna Carta from 1215), Luxembourg, Argentina, Denmark, and Tonga.
| Characteristics | Values |
|---|---|
| Oldest written and codified national constitution in force | United States Constitution |
| Oldest surviving Constitution | Republic of San Marino |
| Second oldest modern constitution | Poland's Constitution of 3 May 1791 |
| Oldest constitution in Europe | Poland's Constitution of 3 May 1791 |
| Oldest constitution with a single text document | United States Constitution |
| Oldest existing constitution | United Kingdom's Magna Carta from 1215 |
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What You'll Learn
- The US Constitution is the oldest written and codified constitution
- San Marino's constitution is nearly 200 years older than the US Constitution
- Poland's Constitution of 3 May 1791 is the world's second-oldest
- The UK's Magna Carta from 1215 is the oldest existing constitution
- The Australian Constitution, drafted in the 1890s, is one of the oldest

The US Constitution is the oldest written and codified constitution
The US Constitution is often considered the oldest written and codified national constitution in the world. It came into force in 1789, following its initial ratification in June 1788, and has since been amended 27 times. The US Constitution is the supreme law of the United States of America. It is also one of the most well-known constitutions globally and has influenced the constitutions of several other countries.
The US Constitution is a single text document that establishes the procedures and principles by which the country is governed. It outlines the rights and responsibilities of state governments, the states' relationship to the federal government, and the shared process of constitutional amendment. The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. The convention's initial mandate was limited to amending the Articles of Confederation, which had been ineffective in meeting the young nation's needs.
While the Constitution of San Marino is nearly 200 years older, not all of it is codified, and it is comprised of a series of six books written in Latin, collectively referred to as the "Statutes of 1600". These came into effect in 1600, but many historians and legal scholars do not recognize it as the oldest surviving national constitution due to the multiple texts that define San Marino's governance and laws.
The Australian Constitution, drafted throughout the 1890s and enacted in 1901, is also one of the oldest in the world. The Constitution of Tonga, enacted in 1875, and the Constitution of Luxembourg, which came into effect in 1868, are other examples of old constitutions still in use today.
It is worth noting that some scholars argue that the Iroquois Confederacy influenced the US Constitution's political concepts and ideas. However, the extent of this influence is debated among historians and has been criticized by some, including anthropologist Elisabeth Tooker, who claims that the Iroquois influence thesis is largely based on "white interpretations of Indians."
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San Marino's constitution is nearly 200 years older than the US Constitution
The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. It came into force in 1789, following its initial ratification in June 1788. The US Constitution has been amended 27 times since its implementation.
However, the Republic of San Marino is believed to have the oldest surviving Constitution in the world, dating back to nearly 200 years before the US Constitution. San Marino's Constitution is comprised of a series of six books written in Latin, collectively referred to as the "Statutes of 1600", which came into effect on October 8, 1600. These books form the basis of all law in effect in San Marino today and are believed to be even older than the "Town Statute" that served San Marino from around 1300.
The first book of the San Marino Constitution contains 62 articles and describes the various councils, courts, and administrative positions of San Marino, including the Captains-Regent and their powers. The second book, called "Civilium Causarum", contains 75 articles and provides for civil law procedures.
While some historians and legal scholars argue that the multiple texts defining San Marino's governance and laws do not constitute a constitution, others, including those on a Reddit thread, consider San Marino's Constitution to be the oldest, with the US Constitution as the second oldest. The debate around the definition of a "constitution" and what constitutes the oldest constitution in the world continues.
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Poland's Constitution of 3 May 1791 is the world's second-oldest
The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. It came into force in 1789, following its initial ratification in June 1788.
The Constitution of 3 May 1791 was in force for less than 19 months. It was declared null and void by the Grodno Sejm that met in 1793, though the Sejm's legal power to do so was questionable. The Second and Third Partitions of the Commonwealth (1793, 1795) ultimately ended Poland's and Lithuania's sovereign existence until the close of World War I in 1918. However, the legacy of the 1791 Constitution helped sustain Polish and Lithuanian aspirations for the eventual restoration of their sovereignty, which was achieved in 1918 when the May 1791 Constitution was revisited, updated, and revised.
The Republic of San Marino is believed to have the oldest surviving Constitution in the world. However, instead of being a single document, San Marino's Constitution is comprised of a series of six books written in Latin, collectively referred to as the "Statutes of 1600". A number of historians and legal scholars do not recognize this as a proper constitution, arguing that the multiple texts that define the governance and laws of San Marino do not fall under the category of a constitution.
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The UK's Magna Carta from 1215 is the oldest existing constitution
The UK's Magna Carta, which dates back to 1215, is considered the oldest existing constitution. It is seen as the foundation of the UK's constitutional framework, with two of its articles still in force:
> No free man shall be seized, imprisoned, dispossessed, outlawed, exiled or ruined in any way, nor in any way proceeded against, except by the lawful judgment of his peers and the law of the land.
The Magna Carta has had a lasting impact on the development of constitutional ideas and principles, influencing later documents such as the US Constitution. The US Constitution, which came into force in 1789, is often regarded as the oldest national constitution due to its enduring and codified nature. However, it is not the oldest written constitution, as it was influenced by earlier documents such as the Magna Carta and the writings of Enlightenment philosophers.
The constitutions of Poland, San Marino, Luxembourg, Denmark, and Tonga are also among the oldest in the world, each with its unique features and historical contexts. For example, Poland's Constitution of 3 May 1791 is considered Europe's oldest and the world's second oldest modern constitution. It aimed to establish a clear division of powers in a constitutional monarchy. San Marino's Constitution, comprised of six books written in Latin, is believed to be nearly 200 years older than the US Constitution, dating back to 1600. However, its uncodified nature leads some scholars to dispute its status as the oldest.
The constitutions mentioned above, including the UK's Magna Carta, showcase the evolution of constitutional thought and the ongoing pursuit of establishing and safeguarding the rights and responsibilities of citizens and their governments. Each constitution has its own history and influence, contributing to the global development of constitutional frameworks.
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The Australian Constitution, drafted in the 1890s, is one of the oldest
The Australian Constitution is older than that of Luxembourg, which came into effect on the 17th of October 1868. The Constitution of Luxembourg is an example of a rigid constitution with fewer opportunities for amendment than ordinary laws. It comprises 13 chapters and 121 articles, outlining the rights and responsibilities of the State and its citizens.
The Australian Constitution is also older than the Constitution of Argentina, which came into effect on May 1, 1853. Over the following decades, starting in 1860, the Constitution of Argentina underwent a series of amendments, with the final changes to date coming into force on the 24th of August 1994. The Constitution of Argentina establishes the country as a federal republic and defines the roles of its federal and local governments and their respective constituent parts.
The Australian Constitution predates the Constitution of Tonga, enacted on the 4th of November 1875, by King George Tupou I. The Tongan Constitution establishes the country as a constitutional monarchy and sets out the responsibilities of its executive, legislative, and judicial branches.
While the Constitution of the United States, which came into force in 1789, is considered the oldest and longest-standing written and codified national constitution, the Australian Constitution is notable for its advanced age and longevity, especially given the relatively young age of the nation of Australia in comparison to other nations with older constitutions.
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Frequently asked questions
The Constitution of the Commonwealth of Massachusetts, drafted by John Adams and enacted in 1780, is the world's oldest functioning written constitution. It served as a model for the United States Constitution, which is the oldest and longest-standing written and codified national constitution currently in force.
The Republic of San Marino has the oldest surviving constitution in the world, dating back to 1600. However, it is made up of six books written in Latin, so some historians and legal scholars do not consider it a single text. The Constitution of Luxembourg, enacted in 1868, is another example of an old constitution with limited opportunities for amendment. The Australian Constitution, which came into effect in 1901, is also one of the oldest in the world.
The Sumerian king Urukagina of Lagash's code of justice from around 2300 BC is perhaps the earliest prototype for a law of government. Excavations in modern-day Iraq revealed evidence of this code, which granted some rights to citizens, such as tax relief for widows and orphans, and protection for the poor. Japan's Seventeen-Article Constitution, written in 604, is another early example of a constitution influenced by Buddhist teachings.

























