Malcolm Rivera
The US Constitution, ratified on 21 June 1788, is the oldest and longest-standing written and codified constitution still in force in the world. It was signed on 17 September 1787 and introduced into operation in 1789. The US Constitution is considered a benchmark for republicanism and codified constitutions written thereafter. However, the US Constitution is not the oldest constitution in the world. The Constitution of San Marino, consisting of core documents that have been in operation since 1600, is considered the oldest surviving constitution.
| Characteristics | Values |
|---|---|
| Oldest written constitution | The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. However, some sources state that the Constitution of San Marino, which has been in operation since 1600, is the oldest surviving constitution in the world. |
| Date of signing | The US Constitution was signed on September 17, 1787, ratified in 1788, and introduced into operation in 1789. |
| Number of articles | The US Constitution originally included seven articles. |
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What You'll Learn
- The US Constitution is the oldest active codified constitution
- The US Constitution is the second oldest in the world
- The Constitution of San Marino is the oldest surviving constitution
- The US Constitution is the oldest and shortest written constitution still in force
- The UK does not have a written constitution
The US Constitution is the oldest active codified constitution
The US Constitution is not, however, the oldest written constitution in the world. That distinction goes to the Constitution of San Marino, which has been in operation since 1600. The UK also has older constitutional provisions, such as the Bill of Rights of 1689, which are still in force today. Additionally, the oldest part of the UK's uncodified constitution is the Magna Carta, which dates back to 1215.
Other countries with older constitutional provisions include Canada and New Zealand, which have adopted statutes that are older than the US Constitution and are still in force. The first written constitution of an independent polity that was adopted by representatives elected by the people was the Corsican Constitution of 1755, although it was short-lived.
Despite not being the oldest written constitution, the US Constitution is notable for its longevity and stability. Since 1789, close to 800 constitutions have been adopted and subsequently amended by independent states around the world. In contrast, the US Constitution has remained in force for several centuries, often without major revision for long periods. This durability is especially remarkable considering Thomas Jefferson's prediction in the late 18th century that a period of 20 years would be the optimal time for any constitution to remain in force.
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The US Constitution is the second oldest in the world
The US Constitution was influenced by the writings of Polybius, Locke, Montesquieu, and others, and became a benchmark for republicanism and codified constitutions that followed. It consists of seven articles, with the first three embodying the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
While the US Constitution is the oldest active codified constitution, the oldest active written constitution is that of San Marino. The Constitution of San Marino dates back to 1600, and some of its core documents have been in operation since then. The Leges Statutae Republicae Sancti Marini, written in Latin, consists of six books. The first book establishes the councils, courts, various executive officers, and their powers, while the remaining books cover criminal and civil law and judicial procedures.
It is worth noting that earlier written constitutions of independent states exist, such as the Swedish Constitution of 1772 and the Corsican Constitution of 1755, which was short-lived. However, these were not adopted by bodies elected by the people. Additionally, other countries, such as the United Kingdom, Canada, and New Zealand, have constitutional provisions that are older than the US Constitution and are still in force today.
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The Constitution of San Marino is the oldest surviving constitution
The Constitution of the United States is the oldest active codified constitution in the world. It was signed on September 17, 1787, ratified in 1788, and introduced into operation in 1789. However, it is not the oldest written constitution in the world. That distinction goes to the Constitution of San Marino, which has been in operation since 1600.
The US Constitution originally consisted of seven articles. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III). The remaining articles (Article IV, Article V, and Article VI) outline concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure used by the 13 states to ratify the Constitution.
The Constitution of San Marino, also known as the Leges Statutae Republicae Sancti Marini, is written in Latin and consists of six books. The first book, with 62 articles, establishes councils, courts, various executive officers, and their powers. The remaining books cover criminal and civil law and judicial procedures and remedies.
While the US Constitution is the oldest and longest-standing national constitution still in force, it is worth noting that other countries, such as the United Kingdom, Canada, and New Zealand, have constitutional provisions that are older and still in force today. For example, the UK's uncodified constitution includes the Magna Carta from 1215, which is considered the oldest part of their constitutional framework.
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The US Constitution is the oldest and shortest written constitution still in force
While the US Constitution is the oldest national constitution, earlier written constitutions of independent states exist, such as the Swedish Constitution of 1772 and the Constitution of San Marino of 1600, which is the oldest surviving constitution in the world. The UK, Canada, and New Zealand also have constitutional provisions that are older than the US Constitution and still in force today, such as the Bill of Rights of 1689.
The US Constitution has been a benchmark for republicanism and codified constitutions written after its adoption. Since 1789, close to 800 constitutions have been adopted and subsequently amended by independent states worldwide. The historical life expectancy of a constitution is approximately 19 years, with many not lasting more than 10 years and around 10% not lasting more than a year.
The US Constitution's longevity is notable, having remained in force for several centuries with long periods without major revisions. Thomas Jefferson predicted that 20 years would be the optimal period for any constitution to remain in force. The constitution's endurance is a testament to its foundational role in the rule of law and the establishment of a stable and enduring system of government in the United States.
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The UK does not have a written constitution
The US Constitution is the oldest and longest-standing written and codified national constitution in force in the world. The US Constitution is considered the supreme law of the land, and it delineates the frame of the federal government. The UK, on the other hand, does not have a written constitution. It is the only country without a written constitution. Instead, the UK's constitution is spread across several sources, including specific Acts of Parliament, understandings of how the system should operate (constitutional conventions), and decisions made by judges. This dispersal can make it challenging to identify and understand the UK's constitution.
The UK's constitution is uncodified, meaning it lacks a single, unified document that outlines the country's fundamental laws and principles. The closest thing to a written constitution in the UK is the Magna Carta, which dates back to the 13th century and protects the ancient rights and liberties of the City of London. However, the Magna Carta is not considered a formal constitution.
The UK's system of government is based on conventions and common law rather than a written constitution. Conventions are understandings of how the constitution functions and are a source of important features of the UK's system of government. For example, the convention that the Prime Minister should be a member of the House of Commons able to command the confidence of that institution is not a written rule but is nonetheless crucial to the functioning of the government. Common law refers to the system where judges declare the law based on custom and precedent, allowing them to create law through their interpretations.
While the UK does not have a written constitution, there have been calls for its creation. Some argue that a written constitution would properly set out the position of devolved administrations and provide entrenched protection for fundamental rights. However, others believe that the UK's uncodified constitution is a strength, allowing for flexibility and adaptability in the country's governance.
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Frequently asked questions
No, the US Constitution is the oldest written and codified constitution still in force, but it was ratified in 1788 and introduced in 1789. The Constitution of San Marino is the oldest surviving constitution in the world, with some of its core documents in operation since 1600.
The United Kingdom has the oldest existing constitution if you count the Magna Carta from 1215. The Magna Carta is the oldest part of the UK's uncodified constitution.
The Constitution of India is the longest written constitution of any country in the world, with 146,385 words in its English-language version.
