Eleanor Finch
The length of a country's constitution differs from nation to nation. While most countries have a written constitution as their guiding principles and supreme law, some have uncodified constitutions that are not contained in a single document. For instance, the UK's constitution is made up of various documents and conventions, including major legal acts, bills, and court rulings. In contrast, Monaco, the world's second-smallest country by area, has the shortest written constitution, comprising approximately 3,800 words across 10 chapters with 97 articles. This constitution was first adopted in 1911 and extensively revised by Prince Rainier III in 1962. On the other hand, India has the longest written constitution, with around 145,000 words.
| Characteristics | Values |
|---|---|
| Country with the shortest written constitution | Monaco |
| Number of words | 3,814 |
| Chapters | 10 |
| Articles | 96 or 97 |
| First adopted | 1911 |
| Revised | 17 December 1962 |
| By whom | Prince Rainier III |
| Language | French |
| Translation | English |
| Precedence in case of a difference between English and French | French |
| Suspension | Cannot be suspended |
| Review | Can be reviewed in full or in part with a joint agreement between the prince and the unicameral National Council |
| Judicial powers | Vested in the prince |
| Oldest unamended constitution | Japan |
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What You'll Learn
Monaco's constitution
The Constitution of Monaco, the world's shortest written constitution, was first adopted in 1911 after the Monégasque Revolution. It was then heavily revised by Prince Rainier III on December 17, 1962, and is divided into 12 chapters, which are further divided into 96 articles, totalling 3,814 words. The constitution outlines three branches of government, including several administrative offices and a number of councils, who share advisory and legislative power with the prince. The prince, who retains the highest executive power, shares powers with the unicameral parliament (National Council). The National Council is independent of the prince, but it requires the signature of the prince for any of its proposed laws. The constitution also defines the line of succession to the Monegasque throne.
The judiciary power is exercised by the courts and tribunals, with the prince delegating judicial procedures to the various courts, which dispense justice in his name. The independence of the judges is guaranteed by the constitution. The Supreme Court of Monaco is the highest court for judicial appeals and also interprets the constitution when necessary. It is composed of five chief members and two assistant judges, who are named by the prince based on nominations by the National Council and other government bodies.
The National Council votes on the budget, and no direct or indirect taxation may be introduced without a law. The National Council's meetings are public, but it may decide to sit in private session with a majority vote of two-thirds of the attending members. The minutes of the public meetings are published in "Le Journal de Monaco".
The Principality of Monaco is a sovereign and independent state, with the principle of government being a hereditary and constitutional monarchy. The territory of the principality is unalienable, and the executive power is exercised by the highest authority of the prince, whose persona is inviolable. The legislative power is jointly exercised by the prince and the National Council, with the separation of administrative, legislative, and judiciary functions being guaranteed.
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India's lengthy constitution
India's constitution is the lengthiest written constitution of any country on earth. At the time of its commencement on January 26, 1950, it had 395 articles in 22 parts and 8 schedules. Today, it has around 450 articles, divided into 25 parts containing 12 schedules, 5 appendices, and 104 amendments. The document's length is a result of the Indian constitution being both a legislative and a social document, reflecting the country's complex history, diverse population, and the aspirations of its people.
The constitution-making process in India was a long and arduous task, taking almost three years from the time the Constituent Assembly first convened in December 1946 to the final document being adopted on November 26, 1949. The Assembly, comprising around 300 representatives, was chaired by Dr. Rajendra Prasad, who later became India's first president. The members of the Assembly represented diverse political and social backgrounds, including lawyers, teachers, princes, and landowners, reflecting the country's varied social fabric.
One of the primary reasons for the length of India's constitution is its attempt to address and accommodate the needs and aspirations of a diverse population. India is a country of immense diversity, with a multitude of religions, languages, and cultural practices. The constitution, therefore, had to ensure that the rights and freedoms of all its citizens were protected and that the document provided a framework for a united nation. This is reflected in the constitution's extensive Fundamental Rights and Directive Principles of State Policy, which guarantee individual liberties and provide guidelines for the state to ensure social and economic justice.
The constitution also reflects India's colonial past and the struggle for independence. The experience of colonial rule and the subsequent freedom movement greatly influenced the content and nature of the constitution. Many of the provisions in the constitution, such as those relating to federalism and fundamental rights, were included to prevent the concentration of power in a few hands and to protect the rights of citizens, which had been denied during colonial rule. The constitution also incorporates elements of various government systems, including federalism, parliamentary democracy, and judicial review, reflecting the influence of different political philosophies on the constitution-makers.
The length of India's constitution has been a subject of debate, with some arguing that it is too lengthy and cumbersome, making it difficult for the common person to understand and access their rights. There have been calls for a more concise and simplified document. However, others defend the length, stating that it is a comprehensive document that addresses the complexities of governing a diverse and vast country like India. They argue that the constitution's length ensures that it is a living and evolving document, capable of accommodating the changing needs of the nation and its people.
Despite its length, India's constitution has been praised for its durability and adaptability. It has successfully guided the country through numerous challenges, including political instability, social unrest, and economic crises. The constitution has also been amended numerous times to address changing circumstances and needs, demonstrating its flexibility and capacity for growth. As such, India's lengthy constitution remains a testament to the country's commitment to democracy and the rule of law, providing a framework for governance and the protection of citizens' rights and liberties.
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US: oldest written constitution
The US Constitution, written in 1787, is the oldest written national constitution still in use. It was penned during the Philadelphia Convention, now known as the Constitutional Convention, which took place from May 25 to September 17, 1787. The document was signed on September 17, 1787, and was first published in a newspaper, The Pennsylvania Packet and Daily Advertiser, two days later.
The US Constitution is a charter of government that was ratified by the states and continues to be the supreme law of the land. It is a source of wisdom and inspiration, surviving civil war, economic depressions, assassinations, and terrorist attacks. The document sets forth a system of checks and balances, limiting the powers of each branch of government. It also created and defined the United States Congress, granting it powers such as the ability to collect taxes, coin money, raise and support an army, declare war, establish post offices, create patent laws, and establish a federal judicial system.
The US Constitution is a group effort, crafted by some of the country's greatest minds, but the bulk of the document can be credited to one Founding Father. It consists of 7,762 words, making it significantly longer than the world's shortest constitution, which belongs to Monaco. The US Constitution has endured and been strengthened by amendments over time, serving as both a guide and protector of American citizens and their elected officials.
Constitution Day, observed on September 17, commemorates the signing of the US Constitution. It was established by law in 2004 to encourage Americans to learn more about this important document. Constitution Week was also established by Congress in 1956 to begin each year on September 17, further emphasizing the significance of this date in American history.
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UK: uncodified constitution
The United Kingdom has traditionally operated under an uncodified constitution, also known as a 'unwritten constitution'. This means that the UK's constitution is not contained in a single document but is made up of various documents and conventions, including major legal Acts and Bills, as well as court rulings on those Acts and Bills.
The UK's constitution is based on the principle of parliamentary sovereignty, which means that laws passed by the United Kingdom Parliament cannot be questioned by the courts. This is in contrast to countries with codified constitutions, where the constitution is the single source of constitutional law in a state. Most states in the world have codified constitutions, which are often the product of dramatic political change, such as a revolution.
The UK's uncodified constitution has evolved over time and is made up of a variety of sources, including statutes, common law rules, conventions, and treaties. This includes documents such as the Magna Carta, the Bill of Rights, and the Human Rights Act. The UK's constitution is also influenced by European Union law and the European Convention on Human Rights.
While the UK's constitution is not written down in a single document, it is still a very real and important part of the country's governance. The lack of a codified constitution in the UK has been a source of debate and discussion, with some arguing that it provides flexibility and adaptability, while others argue that it leads to uncertainty and inconsistency.
In summary, the UK's uncodified constitution is a unique and complex system that has evolved over time and is made up of a variety of sources and documents. It operates under the principle of parliamentary sovereignty and has influenced the governance of the country in a significant way.
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Japan: oldest unamended constitution
While Monaco has the shortest written constitution, Japan has the oldest unamended constitution in the world. Drafted in just a week in 1946, Japan's constitution has remained unchanged since then.
The process of drafting a constitution usually takes around 16 months on average, with some extreme cases taking much longer or shorter. For example, the Myanmar 2008 Constitution was secretly drafted over 17 years, while the 1938 Romanian constitution, which installed a royal dictatorship, was drafted in less than a month.
Japan's constitution-making process was expedited due to the country's post-World War II context. After Japan's defeat in World War II, the United States led the occupation of Japan and sought to implement democratic reforms, including a new constitution. The bureaucrats tasked with drafting the document worked swiftly to meet the demands of the occupying forces, resulting in the constitution's rapid creation.
Japan's constitution establishes a parliamentary system, guarantees fundamental human rights, and includes provisions for a symbolic emperor. While it has been the subject of debate and discussion over the years, particularly regarding the role of the emperor and the interpretation of certain articles, the constitution has not been formally amended.
The longevity of Japan's constitution without amendments is notable, especially when compared to the average lifespan of a constitution, which is approximately 19 years according to recent studies.
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Frequently asked questions
Monaco has the shortest written constitution in the world, with 3,814 words.
The Monaco Constitution is divided into 12 chapters, with the chapters further divided into 96 articles.
The prince shares the legislative powers with the unicameral parliament (National Council).
The average life of a newly written constitution is around 19 years. However, a large number of constitutions do not last more than 10 years and around 10% do not last more than a year.
The Constitution of India is the longest written constitution of any country in the world, with 146,385 words in its English-language version.
