Eleanor Finch
The Constitution of San Marino, dating back to 1600, is the oldest written constitution still in use. However, it is uncodified, meaning not all its elements are law, and San Marino's government has fundamentally changed. The United States Constitution, ratified in 1788, is the world's longest surviving written charter of government. The UK's constitution is older if you count the Magna Carta from 1215, but it is not a single written document.
Explore related products
What You'll Learn
San Marino's constitution is the oldest, dating back to 1600
San Marino's constitution is the oldest in the world, dating back to 1600. It is remarkable that this tiny republic nestled within the Apennine Mountains has maintained its constitutional framework for centuries. San Marino's constitution is uncodified, meaning it is not contained in a single document but consists of several different sources, including a series of written laws enacted in 1600. This is in contrast to most states, which have codified constitutions contained in a single document.
San Marino's constitution, officially known as the "Statuta Decreta ac Ordinamenta Illustris Reipublicae ac Perpetuae Libertatis Terrae Sancti Marini", was written in Latin and contained in six books. It outlined the organisation of its government, the rights of its citizens, and the principles that guide this ancient microstate. The current legal system of San Marino is still based on this 1600 constitution, which has been amended over time, with the last amendment occurring in 2002 when the Declaration of Citizen Rights from 1974 was updated.
The United States Constitution, ratified on June 21, 1788, is often cited as the oldest constitution due to it being a single document and the world's oldest active codified constitution. It was influenced by the writings of Polybius, Locke, Montesquieu, and others, and served as a benchmark for republicanism and codified constitutions that followed. The US Constitution established the framework for the federal government, delineated the separation of powers, and enshrined individual rights, including freedom of speech, religion, and due process.
Other notable old constitutions include Norway's, which was adopted on May 17, 1814, and established a constitutional monarchy, a parliamentary system, and fundamental rights for citizens. Belgium's constitution, adopted in 1831, established the country as a constitutional monarchy with a bicameral parliament, emphasising linguistic and regional diversity. The Swiss Constitution, emphasising decentralisation, neutrality, and the protection of individual rights, was adopted in 1848, transforming Switzerland into a federal state with a bicameral parliament and a system of direct democracy.
UK's Unwritten Rules: Time for a Written Constitution?
You may want to see also
The US Constitution is the oldest codified constitution
The US Constitution is often cited as the oldest codified constitution in the world. It was ratified on 21 June 1788 and became operational in 1789. It is considered a cornerstone of democratic governance, outlining the framework for the federal government, the separation of powers, and the rights of citizens. The US Constitution has influenced numerous other constitutions worldwide and has endured as a stable governing document for several centuries.
While San Marino's Constitution dates back to 1600, it is uncodified, meaning not all its elements are law. San Marino's legal system is based on this 1600 Constitution, but it consists of multiple source documents across various centuries, including written laws and legislative instruments. Therefore, when referring to a single document that lays out the overall framework for governing a country, the US Constitution is considered the oldest.
The UK's Magna Carta from 1215 is also cited as a potential candidate for the oldest constitution. However, the UK does not have a single written constitution but instead relies on a collection of laws, practices, and texts that have evolved over time.
Other old constitutions include Norway's, dating to 1814, and Poland's, ratified in 1791. The Norwegian Constitution is similar to the US Constitution in its principles of sovereignty, separation of powers, and human rights. Poland's Constitution was groundbreaking as the first codified national constitution in Europe and the second in the world, after the US.
The longevity of the US Constitution can be attributed to its role in establishing a framework for republicanism and its ability to undergo amendments when necessary. The average life expectancy of a constitution is approximately 19 years, and the US Constitution has endured for significantly longer, demonstrating its resilience and adaptability.
A Written Constitution: Foundation of a Nation's Stability
You may want to see also
The UK's constitution is older than the US Constitution
The UK constitution is largely written, but in different documents, and it has never been codified into a single document. It is an uncodified constitution, which means it can be altered relatively easily by the government of the day. It is often described as an unwritten constitution, but this is misleading, as even codified constitutions contain parts that are uncodified. The UK constitution has multiple sources, generally identified as statute law, common law, conventions, treaties, and works of authority.
The US Constitution, on the other hand, is a codified constitution, with most of the rules concerning the government contained in a single document. It is "entrenched," meaning it needs to satisfy additional requirements to be amended. The UK constitution, with its parliamentary sovereignty, gives the UK Parliament the power to make or unmake any law without being limited by a constitutional text.
The UK constitution has evolved significantly over the last two centuries, while the US Constitution has largely remained intact since 1787. The flexibility of the UK constitution allows for a pragmatic approach, where different things can be tried, tested, and developed over time. This flexibility is considered an advantage, enabling the UK to remove hereditary peers from the House of Lords, introduce the Human Rights Act, and devolve power to Scotland, Wales, and Northern Ireland.
The US Constitution, being entrenched, has faced challenges in implementing controls on gun ownership due to the Second Amendment. The UK constitution, being uncodified, allows elected politicians to have the final say, rather than unelected judges, and gives each successive generation a chance to influence the constitution through their elected representatives.
In summary, the UK's constitution is older than the US Constitution and offers greater flexibility in amending laws and adapting to changing circumstances. The US Constitution, being codified and entrenched, has remained largely intact but faces challenges in implementing certain changes due to its stringent amendment procedures.
The Written Constitution's Core Function: Law and Order
You may want to see also
Explore related products
The US Constitution is the oldest single document constitution
The US Constitution is the oldest single-document constitution still in use today. It was ratified on 21 June 1788 and became operational in 1789, making it over 230 years old. The document was signed on 17 September 1787 and has been amended 27 times since then, with the last amendment being made in 1992.
The US Constitution is often cited as the oldest constitution because it is a single document that lays out the overall framework for governing a country. This is a common way to define a constitution. The US Constitution has served as a benchmark for republicanism and codified constitutions written after it. It established the framework for the federal government, delineated the separation of powers, and enshrined individual rights. Notably, the Bill of Rights, added in 1791, guarantees fundamental freedoms such as freedom of speech, religion, and due process.
While the Constitution of San Marino dates back to 1600 and is considered the oldest constitution in the world, it is uncodified. This means that not all of its elements are law, and it is made up of multiple source documents across multiple centuries. Similarly, the United Kingdom's constitution is often considered older than the US Constitution if you count the Magna Carta from 1215. However, the UK does not have a single written constitution but instead pulls from a collection of laws, practices, and texts that date back centuries.
The Norwegian Constitution, adopted on 17 May 1814, is also one of the oldest existing constitutions in the world. It is similar in nature to the US Constitution, as it is founded on the principles of the sovereignty of the people, the separation of powers, and human rights. The Constitution of Canada was written in 1867, the same year as the birth of the country, and is another example of one of the oldest constitutions in the world.
In summary, while there are older constitutions or constitutional documents, the US Constitution is the oldest single document constitution that lays out the overall framework for governing a country. It has served as a model for many other constitutions and has had a significant influence on democratic governance worldwide.
The Constitution's Font: A Historical Perspective
You may want to see also
Norway's constitution is one of the oldest, adopted in 1814
Norway's constitution, officially known as the Constitution of the Kingdom of Norway, was adopted on May 17, 1814, and is one of the oldest existing constitutions in the world. The Norwegian Constituent Assembly at Eidsvoll signed the document on May 17, 1814, after adopting it the day before. The National Day of Norway commemorates the establishment of the constitution.
The Norwegian constitution is the fourth oldest written single-document national constitution in Europe, after Poland, France (1791), and Spain (1812). It is also the second oldest working national constitution globally, after the United States. The US Constitution, signed in 1787, ratified in 1788, and introduced in 1789, is often cited as the oldest due to San Marino's constitution being uncodified.
The Norwegian constitution was written in five weeks during the spring of 1814. It was penned in Danish, which was then the universal written language in Norway. The document was influenced by the concept of popular sovereignty, with the first paragraph stating that Norway was an "independent" and "inalienable" kingdom. The constitution also established three branches of government: legislative, budgetary, and supervisory powers were vested in the Storting; executive power in the King and Council; and judicial power in the Supreme Courts, subordinate courts, and the Court of Impeachment.
The Norwegian constitution has always addressed human rights, and in 2014, a series of articles on human rights were added. These were the most substantial changes to the document since its inception.
Frequently asked questions
San Marino has the oldest written constitution in the world, dating back to 1600.
No, the constitution of San Marino is uncodified, which means that not all of its elements are law.
The United States Constitution is the oldest written constitution still in use today. It was signed on September 17, 1787, ratified in 1788, and introduced in 1789.
The US Constitution established the framework for the federal government, delineated the separation of powers, and enshrined individual rights.
