Eleanor Finch
The Constitution of the United States, ratified in 1788, is often considered the oldest national constitution in the world. However, this title is also claimed by the United Kingdom, whose constitution includes the Magna Carta from 1215, and the Republic of San Marino, whose constitution dates back to 1600. Other countries with old constitutions include Poland, Norway, Canada, Australia, and Massachusetts.
| Characteristics | Values |
|---|---|
| Oldest constitution in the world | Constitution of San Marino |
| Oldest written constitution still in use | Constitution of San Marino |
| Oldest unamended constitution | Japan |
| Oldest codified constitution | United States Constitution |
| Oldest modern constitution in Europe | Poland's Constitution of 3 May 1791 |
| Longest written constitution | Constitution of India |
| Shortest written constitution | Constitution of Monaco |
| Oldest constitution in North America | Canadian Constitution, written in 1867 |
| Oldest constitution in South America | Constitution of Venezuela, first Constitution of Latin America, promulgated in 1811 |
| Oldest constitution in Europe | Spain's Constitution of 1812 |
| Oldest constitution in Australia | Australian Constitution, drafted in the 1890s |
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What You'll Learn
The US Constitution: oldest active codified constitution
The US Constitution, ratified on 21 June 1788, is the oldest active codified constitution in the world. It is also the shortest written constitution still in force. The US Constitution has been amended 27 times, with the first ten amendments collectively known as the Bill of Rights.
While the Constitution of San Marino is nearly 200 years older, the United States Constitution is often considered the oldest because not all of San Marino’s Constitution is codified. The San Marino Constitution is comprised of a series of six books written in Latin, collectively referred to as the "Statutes of 1600". These came into effect on 8 October 1600. However, many historians and legal scholars abstain from recognising the San Marino Constitution as the oldest surviving national constitution in the world. They argue that the multiple texts that define the governance and laws of San Marino do not fall under the category of a constitution.
The US Constitution was the first permanent constitution of its kind and influenced the constitutions of several other countries. It established the framework for the federal government, delineated the separation of powers, and enshrined individual rights. The Bill of Rights, added in 1791, guarantees fundamental freedoms such as freedom of speech, religion, and due process.
The Polish–Lithuanian Commonwealth Constitution, passed on 3 May 1791, is considered the world's second-oldest constitution and the oldest in Europe. Poland's Constitution was the first codified national constitution in Europe and inspired later constitutions. It was designed to establish a more effective constitutional monarchy with a clear division of executive, legislative, and judiciary powers.
The Constitution of Norway, adopted on 17 May 1814, is one of the oldest existing constitutions in the world. Similar to the US Constitution, it is founded on the principles of the sovereignty of the people, the separation of powers, and human rights. Norway’s Constitution also establishes three different branches of government: legislative, executive, and judicial.
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San Marino: oldest surviving constitution
The Constitution of San Marino is considered the oldest surviving national constitution in the world, even though it is not a single written document. Instead, it comprises multiple source documents from across several centuries, with the oldest dating back to around 1300.
The first book of the Statuti Comunali (Town Statute) contains 62 articles and is constitutional in nature. It outlines the various councils of San Marino, courts, administrative positions such as the Captains-Regent, and their powers. The last two articles explain how the law is to be interpreted and amended, including its promulgation. The second book, the Civilium Causarum, contains 75 articles. The first half details civil law procedures, including subpoenas, evidence, witness examination, and judicial expenses.
On July 12, 1974, the Captains-Regent signed a law containing a declaration of citizen rights and the fundamental principles of the juridical order of San Marino. This declaration, which begins with a repudiation of war, guarantees citizens rights such as equality, inviolability, freedom, and universal suffrage. It also establishes the separation of powers doctrine in San Marino.
San Marino, founded in 301 AD, is the oldest extant sovereign state and the oldest constitutional republic. It has a unique constitutional structure, with the Grand and General Council, a democratically elected legislature, selecting two heads of state, known as Captains Regent, every six months. These Captains Regent are chosen from opposing political parties and serve concurrently with equal powers, presiding over several state institutions, including the Grand and General Council.
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Poland: second oldest modern constitution
The United States Constitution, ratified in 1788, is often considered the oldest constitution in the world. However, the UK's uncodified constitution includes the Magna Carta, which dates back to 1215. If we consider the US Constitution to be the oldest, then the Polish Constitution of 3 May 1791 is the second oldest modern constitution in the world, and the oldest in Europe.
The Polish Constitution of 1791 was a written constitution for the Polish-Lithuanian Commonwealth, a dual monarchy comprising the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania. It was adopted by the Great Sejm, the parliament of the Commonwealth, which met between 1788 and 1792. The Constitution was a response to a period of political agitation and gradual reform, seeking to establish a more effective constitutional monarchy with a clear division of executive, legislative, and judiciary powers. It introduced political equality between townspeople and nobility, and placed peasants under the government's protection, mitigating the worst abuses of serfdom.
The 1791 Constitution was also significant for its emphasis on the notion of the division of powers and a system of checks and balances. The Sejm was established as the official legislative branch, consisting of two chambers: the Senate and the Chamber of Deputies. The Constitution aimed to limit the powers of parliament to balance it with the other branches of the state. For example, the liberum veto, a parliamentary device that required unanimity in the decision-making process, was abolished. The Constitution also restored a system of hereditary monarchy, ending royal elections.
The 1791 Constitution was in force for less than 19 months, annulled by the Grodno Sejm in 1793. Despite its short duration, the Constitution became a symbol of Poland's national identity, and its legacy helped sustain Polish and Lithuanian aspirations for the eventual restoration of their sovereignty. May 3 is now a Polish national and public holiday, commemorating the adoption of the Constitution. Poland's modern constitution was put into effect in 1997 and last amended in 2009.
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Norway: one of the oldest existing constitutions
The Constitution of Norway, officially known as "Kongeriget Norges Grundlov" in Danish, "Kongeriket Norges Grunnlov" in Norwegian Bokmål, and "Kongeriket Noregs Grunnlov" in Norwegian Nynorsk, is one of the oldest existing constitutions in the world. It was adopted on May 16, 1814, and signed on May 17, 1814, by the Norwegian Constituent Assembly at Eidsvoll. The latter date is celebrated as Norwegian Constitution Day.
The Norwegian Constitution was inspired by the United States Declaration of Independence in 1776 and the French Revolution in 1789. It was founded on the principles of the sovereignty of the people, the separation of powers, and human rights. The document establishes three branches of government: legislative, budgetary, and supervisory power is vested in the Storting; executive power is vested in the King or Queen and Council; and judicial power is vested in the Supreme Courts, subordinate courts, and the Court of Impeachment.
The Norwegian Constitution has undergone several revisions since its inception. In 2014, the language of the Constitution was officially revised, resulting in updated Bokmål and Nynorsk versions. Additionally, paragraphs on human rights were included, further strengthening the country's commitment to upholding fundamental human rights.
Norway's Constitution is a testament to the country's long-standing dedication to democracy, the rule of law, and the protection of human rights. It has played a significant role in shaping Norway's governance and continues to be a cornerstone of the nation's political system.
While Norway's Constitution is one of the oldest, it is worth noting that the constitutions of San Marino and the United States are often considered the oldest in the world. The United Kingdom's uncodified constitution, including the Magna Carta from 1215, is also recognized as one of the oldest.
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Canada: one of the oldest constitutions
Canada's constitution is one of the oldest in the world. The country's governing legal framework is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. The Constitution of Canada includes written and unwritten components.
The first semblance of a constitution for Canada was the Royal Proclamation of 1763. This act renamed the north-easterly portion of the former French province of New France as the Province of Quebec, which was roughly coextensive with the southern third of contemporary Quebec. The proclamation, which established an appointed colonial government, was the constitution of Quebec until 1774.
The British North America Act, 1867 (now known as the Constitution Act, 1867) is of central importance in the Canadian Constitution. It outlines the distribution of powers between the federal and provincial legislatures. It established the Dominion of Canada as a federation of provinces, uniting the British colonies of the United Province of Canada, Nova Scotia, and New Brunswick.
Canada is one of the oldest constitutional monarchies in the world. The Constitution of Canada 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 United States Constitution is often considered the oldest constitution in the world because not all of San Marino's Constitution is codified. However, the US Constitution was influenced by the UK's Magna Carta from 1215, which is the oldest existing constitution.
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