Jonah Patel
The longevity of a constitution is a testament to its resilience and adaptability, reflecting a country's unique history, traditions, and beliefs. While some nations have amended their constitutions numerous times, others boast centuries-old charters that have endured with minimal revisions. The United States Constitution, ratified in 1788 and in effect since 1789, is often regarded as the oldest constitution still in use. However, the debate is nuanced, with San Marino's constitution, dating back to the 1600s, also staking a claim as the oldest surviving constitution, albeit with parts that are uncodified.
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What You'll Learn
The United States Constitution
The US Constitution was signed on September 17, 1787, and was ratified by the states between 1787 and 1788, with Delaware being the first and Rhode Island being the last. Nine of the 13 original states signed the document, and it came into effect the following March, establishing a new government. Since its implementation, the US Constitution has been amended 27 times. The first 10 Amendments, collectively referred to as the "Bill of Rights," made provisions for the protection of individual freedoms, ensured equal justice, and curbed the powers of the government in certain cases. The majority of the remaining amendments have focused on the expansion and protection of civil rights.
The US Constitution is a single text document, unlike the Constitution of San Marino, which is considered the oldest surviving Constitution in the world but is comprised of a series of six books written in Latin, collectively referred to as the "Statutes of 1600." These came into effect in October 1600, and while some consider them to be the oldest, others abstain from recognizing them as such because they do not fall under the typical category of a constitution.
The US Constitution has had a significant impact on the world, with its principles and structures influencing the constitutions of numerous other countries. It has also been a source of inspiration for those seeking to establish or promote democratic values and principles. The document continues to be a living document, evolving to meet the changing social and political contexts of the nation it governs.
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The Norwegian Constitution
The Constitution of the Kingdom of Norway outlines the country's form of government as a limited and hereditary monarchy. It sets out the roles and responsibilities of the King, or Queen, and the Council of State. The King appoints and chooses all senior civil and military officials, with the exception of Royal Princes holding senior civil offices. The King also has the power to dismiss the Prime Minister and other Members of the Council of State. Additionally, the King may issue and repeal ordinances related to commerce, customs, livelihoods, and the police, provided they do not conflict with the Constitution or laws passed by the Storting.
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The Polish Constitution
The Commonwealth's neighbours reacted with hostility to the adoption of the Constitution. King Frederick William II of Prussia broke the Prussian alliance with the Commonwealth, joining with Imperial Russia under Catherine the Great and the anti-reform Targowica Confederation of Polish-Lithuanian magnates, to defeat the Commonwealth in the Polish–Russian War of 1792. The 1791 Constitution was in force for less than 19 months. It was declared null and void by the Grodno Sejm that met in 1793, though the Sejm's legal power to do so was questionable. The Second and Third Partitions of the Commonwealth (1793, 1795) ultimately ended Poland's and Lithuania's sovereign existence until the close of World War I in 1918.
Over the following 123 years, the legacy of the 1791 Constitution helped sustain Polish and Lithuanian aspirations for the eventual restoration of their sovereignty. In the words of two of its principal authors, Ignacy Potocki and Hugo Kołłątaj, the 1791 Constitution was "the last will and testament of the expiring Homeland". Polish constitutionalism can be traced back to the 13th century, when government by consensus and representation was already well established in the young Polish state.
The current Constitution of the Republic of Poland, commonly referred to as the 1997 Constitution, was ratified on 2 April 1997. It replaced the Small Constitution of 1992, a revision of the 1952 Constitution of the Polish People's Republic. The five years after 1992 were spent in dialogue about the new character of Poland, which had changed significantly since 1952 when the Constitution of the Polish People's Republic was instituted.
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The Canadian Constitution
The Constitution Act, 1867, codified many constitutional rules for Canada, but major changes could only be made by the United Kingdom Parliament until 1982, when the Canadian Parliament gained the power to amend its Constitution. The Constitution sets out the basic principles of democratic government in Canada, including the structure of its Parliament, the way elections work, the role of the monarchy, and the divisions of powers between the federal government and the provinces.
Canada is a bijural country, meaning it has both common and civil law systems. Matters of private law in Quebec are governed by civil law, while the common law applies in the other provinces. The Constitution also includes fundamental principles such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities.
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The Australian Constitution
The United States Constitution, ratified in 1788, is often considered the oldest constitution in the world. However, the United Kingdom's Magna Carta, dating back to 1215, is the oldest existing constitution if it is included in the count. The Australian Constitution, also known as the Commonwealth Constitution, is the fundamental law that governs the country's political structure. It was drafted between 1891 and 1898 by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The final draft was approved by each state in referendums held between 1898 and 1900.
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Frequently asked questions
The United States Constitution, which came into force in 1789, is the oldest constitution in the world. It has been amended 27 times since its implementation.
Japan has the oldest unamended constitution in the world.
The Constitution of India is the longest written constitution of any country in the world, with 146,385 words in its English-language version.
The Constitution of Monaco is the shortest written constitution, with 3,814 words.
