Omar Bennett
A constitution is a set of fundamental principles and laws that determine how a country or state is governed. It outlines the powers and duties of the government and guarantees certain rights to its citizens. Almost all constitutions are codified, meaning they are written down in a specific document called the constitution. The process of amending a constitution is more complex than passing ordinary legislation, reflecting the importance of the rules it sets out. The term constitution originates from the Latin constitutio, which was used for regulations and orders.
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What You'll Learn
The basic principles and laws of a nation
A constitution is a set of fundamental principles and laws that govern a nation, state, or social group. It determines the powers and duties of the government, guaranteeing certain rights to the people. Constitutions are usually written documents, though some nations have uncodified constitutions, such as the UK, which are instead found in statutes and common law.
The US Constitution, for example, is a federal constitution that was heavily influenced by the Magna Carta and other ancient and modern federations. The Due Process Clause of the US Constitution is based on the Magna Carta, which has long been a foundation of English liberty against arbitrary power. The US Constitution was also influenced by the ideas of European Enlightenment thinkers, such as Montesquieu and John Locke, who advocated for the separation of powers and unalienable rights. The US Constitution is the oldest active codified constitution in the world.
The Indian Constitution is the longest written constitution of any country, with 146,385 words in its English-language version. In contrast, the Constitution of Monaco is the shortest written constitution, with 3,814 words. The historical life expectancy of a constitution since 1789 is approximately 19 years.
The process of amending a constitution is generally more complex than passing ordinary legislation, reflecting the fundamental importance of the rules it sets out. For example, in the US, passing constitutional amendments requires a two-thirds majority in both houses of Congress before being approved by three-quarters of the states.
Non-state bodies, such as companies, may also have constitutions that set out their purpose and the rules by which they are run.
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The determination of government powers and duties
A constitution is a set of fundamental rules that determine how a country or state is run. It outlines the basic principles and laws that establish the powers and duties of the government and guarantee certain rights to its citizens.
The constitution of a nation or state is typically formalised in a written document, such as the United States Constitution, which is the oldest active codified 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. In contrast, the Constitution of Monaco is the shortest, with 3,814 words.
However, some countries, such as the United Kingdom, Canada, New Zealand, and Israel, have uncodified constitutions that are not set down in a single comprehensive document. For example, the British Constitution is found in various statutes, such as the Magna Carta, and in common law.
The process of drafting and amending constitutions varies across different nations. In the United States, passing constitutional amendments requires a two-thirds majority vote in both houses of Congress, followed by approval from three-quarters of the states. Alternatively, a constitutional convention can be called by two-thirds of the states, which can then propose amendments requiring the same approval from three-quarters of the states. This process underscores the significance and durability of the rules enshrined in the constitution.
The content and structure of constitutions have been influenced by various historical factors and philosophical traditions. The US Constitution, for instance, was influenced by the European Enlightenment, with thinkers like Montesquieu and John Locke advocating for the separation of powers and unalienable rights. The Due Process Clause of the US Constitution also draws on the Magna Carta's principles of limiting arbitrary power wielded by a ruler.
Constitutions can also be found at the sub-national level, such as in the Principality of Catalonia, where the Catalan constitutions were promulgated by the Court from 1283 until 1716. These laws had preeminence over other decrees and could not be contradicted by the king's edicts.
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The guarantee of certain rights to the people
The constitution of a nation, state, or social group is a set of basic principles and laws that determine the powers and duties of the government and guarantee certain rights to the people. The constitution is the supreme law of the land, and it regulates the government and guarantees the rights of the people. Any official act that is not a power granted to the government by the constitution is null and void.
The US Constitution, for example, was influenced by the study of the Magna Carta and other federations, both ancient and modern. The Due Process Clause of the US Constitution, which guarantees the right to due process and fair procedures and trials, is partly based on the Magna Carta. The US Constitution also includes the Bill of Rights, which consists of the first ten amendments and safeguards individual freedoms and liberties, such as freedom of speech, religion, and the right to bear arms, as well as protections such as the right to a trial by jury and protection from double jeopardy. The Ninth Amendment of the US Constitution further states that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people.
The British Constitution, on the other hand, is not set down in a single comprehensive document but is found in various statutes, such as the Magna Carta, and in common law. Canada's constitution also includes comprehensive documents, such as the Constitution Act of 1982 and 1867, and other rules and practices considered part of the British Constitution.
The world's oldest active constitution is that of San Marino, with some of its core documents in operation since 1600. The Constitution of India is the longest written constitution of any country, with 146,385 words in its English-language version, while the Constitution of Monaco is the shortest, with 3,814 words. Japan's constitution, written in 604 by Prince Shōtoku, is an early example of a constitution in Asian political history.
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The supremacy of the constitution over ordinary law
The term "constitution" comes from the Latin word "constitutio", which was used for regulations and orders, such as imperial enactments. Later, the term was widely used in canon law for an important determination, especially a decree issued by the Pope, now referred to as an apostolic constitution.
In most modern states, the constitution has supremacy over ordinary statutory law. This means that when an official act is unconstitutional, that is, it is not a power granted to the government by the constitution, that act is null and void from inception. For example, in the Principality of Catalonia, the Catalan constitutions were promulgated by the Court from 1283 until 1716, and these laws had preeminence over other laws and could not be contradicted by mere decrees or edicts of the king.
The Supremacy Clause is a key aspect of the US Constitution, which establishes the supremacy of federal law over state law. It addresses the legal status of the laws that the Constitution empowers Congress to make, as well as the legal status of treaties and the Constitution itself. The Supremacy Clause states that federal statutes and treaties must be within the parameters of the Constitution and not violate constitutional limits on federal power, such as the Bill of Rights. It also specifies that certain federal acts take priority over any conflicting state acts.
The interpretation and application of the Supremacy Clause have been the subject of debate and judicial review by the US Supreme Court. The Court has held that under Article III of the Constitution, federal courts have the final jurisdiction in cases involving the Constitution and federal law, and state courts cannot interfere with federal court judgments. This was demonstrated in cases such as Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821), where the Supreme Court asserted its power to review state court decisions involving issues arising under the Constitution and federal law.
In conclusion, the concept of the supremacy of the constitution over ordinary law is a fundamental principle in many modern states. The constitution establishes the basic principles and laws that determine the powers and duties of the government and guarantee certain rights to the people. By giving the constitution supremacy, it ensures that acts of the government that are not authorised by the constitution are considered null and void, protecting the rights and freedoms outlined in the constitution.
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The difficulty of amending a constitution
The constitution is a set of basic principles and laws that govern a nation, state, or social group. It determines the powers and duties of the government and guarantees certain rights to the people. The US Constitution, for example, is the oldest active codified constitution in the world, influencing many other countries' constitutions, including Canada's.
The US Constitution is widely regarded as the most challenging constitution to amend. It has resisted all attempts to modernise its antiquated provisions on elections, federalism, and rights. Over the last 50 years, thousands of amendments have been proposed to make the Constitution more equitable, inclusive, and just, but none have succeeded. This rigidity is a cause for concern rather than pride.
The US Constitution can only be amended through an extraordinary legislative process of national proposal followed by state ratification. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. However, none of the 27 amendments to the Constitution have been proposed by a constitutional convention. Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
The difficulty in amending the US Constitution is not inherent but rather a result of the current dynamics of American constitutional politics. The factors influencing the challenge of amending the Constitution include the distribution of congressional power, the evolution of constitutional norms and political practices, and the consolidation and disintegration of legislative majorities within and across states.
The US Constitution was once considered too easy to amend, and an amendment was even proposed to make it harder to amend. This occurred during the Progressive Era, a period of heightened social activism and institutional reform from the 1890s to the 1910s, when the Constitution was amended four times in less than a decade.
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Frequently asked questions
A constitution is a set of fundamental rules that determine how a country or state is run. It includes basic principles and laws that establish the powers and duties of the government and guarantee certain rights to the people.
The term "constitution" comes from the Latin word "constitutio", which was used for regulations and orders. Later, it was widely used in canon law for important determinations, especially decrees issued by the Pope.
Some well-known constitutions include the Constitution of the United States, the British Constitution, and the Constitution of India. The Constitution of the United States is the oldest active codified constitution, while the Constitution of India is the longest written constitution of any country.
