The Enduring Power Of The Oldest Written Constitution

The world's longest surviving written constitution is a topic of debate among historians and legal scholars. The United States Constitution, ratified in 1789, is considered the oldest active codified constitution. However, the Republic of San Marino's constitution, comprised of six books written in Latin, came into effect in 1600 and is considered the oldest surviving constitution by some. Other old constitutions include the Massachusetts state constitution, the Australian Constitution, and the Constitution of Luxembourg.

Explore related products

The Long Emergency: Surviving the End of Oil, Climate Change, and Other Converging Catastrophes of the Twenty-First Cent

$11.8 $17

The Covenant In Action

$4.99

View from the Summit

$1.99

Vimy Underground

$2.99

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The (Un)Written Constitution

$18.37 $35.99

The US Constitution is the oldest active codified constitution

The US Constitution, which was signed on September 17, 1787, ratified in 1788, and introduced in 1789, is the oldest active codified constitution in the world. It is a single text document that serves as the benchmark for republicanism and codified constitutions that came after it. It is also one of the shortest, with only around 4500 words. The Constitution of Massachusetts, ratified in 1780, served as a model for the authors of the US Constitution.

The US Constitution is considered the longest-surviving constitution in the world, with some arguing that it is the world's "most durable constitution". However, the Republic of San Marino is often considered to have the earliest written governing documents still in effect. San Marino's constitution is comprised of a series of six books written in Latin, known as the "Statutes of 1600" or "Leges Statutae Republicae Sancti Marini", which dictate the country's political system.

While the US Constitution is the oldest active codified constitution, it is not the longest-written constitution. That distinction goes to the Constitution of India, which has 146,385 words in its English-language version. On the other hand, the Constitution of Monaco is the shortest written constitution, with only 3,814 words.

The longevity of the US Constitution is notable, as the historical life expectancy of a constitution since 1789 is approximately 19 years. Thomas Jefferson predicted that 20 years would be the optimal time for any constitution to remain in force. The US Constitution has defied this expectation, remaining in force for several centuries with only minor revisions.

The Constitution of San Marino is the oldest surviving constitution in the world

The Republic of San Marino is a tiny enclave surrounded by Italy. It is believed to have the oldest surviving Constitution in the world, dating back to the 16th century. However, the Constitution of San Marino is not a single document but a series of six books written in Latin, known collectively as the "Leges Statutae Republicae Sancti Marini" or the "Statutes of 1600". These books, which dictate the country's political system, came into effect on 8 October 1600 and were last amended in 2002.

San Marino's unique constitution has sparked debate among historians and legal scholars. Some refuse to acknowledge it as the world's oldest surviving constitution because it comprises multiple texts, deviating from the traditional concept of a constitution as a single document. Instead, they point to the United States Constitution, a single text document, as the oldest surviving constitution.

The US Constitution, ratified in 1789, is indeed the oldest active codified constitution and has been broadly accepted as the world's longest-surviving constitution. It served as a benchmark for other constitutions that followed, such as the Swiss Federal Constitution, which was influenced by the ideals of the French Revolution and the US Constitution. The Swiss Federal Constitution was first written in 1848 and later rewritten in 1874, with the modern version being ratified in 1999.

Other notable mentions include the Constitution of Luxembourg, which gained independence in 1839 and drafted its constitution in 1841, and the Australian Constitution, which was drafted in the 1890s and came into effect in 1901. The Massachusetts state constitution, ratified in 1780, is even older than the US Constitution and served as its model.

The Massachusetts state constitution is older than the US Constitution

The United States is often lauded as the birthplace of modern democracy, and its Constitution is one of the most influential and enduring documents in the world. However, it is not the oldest constitution still in use today; that honor goes to the Massachusetts State Constitution. The Massachusetts constitution was drafted in 1780, fully seven years before the US Constitution was signed in Philadelphia in 1787. Not only is it older, but it has also been continuously in operation since its inception, making it the oldest functioning written constitution in the world. This remarkable document has had a profound impact on the development of democracy, not just in the US but around the globe. The Massachusetts Constitution was created during a period of great political and social upheaval. In the aftermath of the American Revolution, the former colonies were in a state of flux, and the need for a strong, stable framework for government was pressing. The document was drafted by a convention of delegates, including some of the most prominent figures of the time, such as John Adams, who would go on to become the second President of the United States. The constitution they created established a framework for a representative democracy, with a strong emphasis on individual liberties and a system of checks and balances to ensure that power was distributed and limited. One of the most significant aspects of the Massachusetts Constitution is its robust protection of individual rights. It was the first constitution to include a comprehensive bill of rights, which served as a model for the US Bill of Rights, adopted in 1791. The Massachusetts document guaranteed freedom of speech, religion, and the press, as well as the right to trial by jury and protection from unreasonable searches and seizures. These rights have been central to the American concept of liberty and have influenced constitutional thinking worldwide.

Explore related products

America's Constitution: A Biography

$4.99 $22

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$19.99 $3.89

The Constitution of the United States

$1.5

Constitution of the United States (Books of American Wisdom)

$9.25 $9.95

The U.S. Constitution and Other Writings (Leather-bound Classics)

$13.21 $24.99

The Constitution: Our Written Legacy

$25.84 $35.48

The Swiss Federal Constitution was influenced by the US Constitution

The US Constitution, ratified in 1789, is considered the world's longest surviving written constitution. However, it is worth noting that the United Kingdom's constitution, if we count the Magna Carta from 1215, is even older. The Swiss Federal Constitution, on the other hand, is the third federal constitution of Switzerland, ratified on April 18, 1999, and directly replaced the 1874 Constitution.

The Swiss Federal Constitution was heavily influenced by the US Constitution, as well as the ideals of the French Revolution. The US Constitution, with its famous preamble "We the People", served as a model for the Swiss when they established their federal state. The Swiss Federal Constitution of 1848 incorporated key elements of the US Federal Constitution of 1787/1789, including the concept of federalism. The US Constitution's impact can be seen in the Swiss Constitution's provision of a declaration of fundamental individual rights, a federal government, and a federal court of justice.

The Swiss Confederation also introduced the separation of powers in 1848, similar to the US system. However, Switzerland distributed executive power among seven liberal leaders instead of vesting extensive power in a single president, as is done in the US. The Swiss Federal Constitution of 1999 further entrenched individual and popular rights, including the right to call for popular referendums on federal laws and constitutional amendments. This reflects the Swiss tradition of direct democracy, which has also influenced the political landscape in the US.

The Swiss and US political systems have a long history of exchanging ideas and influencing each other. For instance, the US adopted the concept of direct democracy from Switzerland, with American journalists in the 19th century travelling to Switzerland to learn about its democratic system. This exchange of ideas between the two countries has shaped their unique forms of governance.

The Australian Constitution is one of the oldest in the world

The Australian Constitution has evolved since its inception, with amendments made to reflect changing social and political contexts. One notable amendment occurred in 1931 with the UK's passage of the Statute of Westminster, which restricted the British Parliament's power to legislate in Australian federal law. This statute was adopted into Australian law in 1942, marking a step towards Australia's independence from the British legal system.

While the Australian Constitution is indeed one of the oldest, it is important to note that other countries have even older constitutions. For example, the United States Constitution, ratified in 1789, is considered the world's longest surviving constitution. Additionally, the Massachusetts state constitution, ratified in 1780, predates the US Constitution and served as a model for its authors.

The Republic of San Marino has governing documents dating back to the 16th century, though they are not codified into a single document. Poland's constitution, first adopted in 1791, is also considered one of the oldest, even though it only lasted a year in its original form. Canada's constitution, known as the British North America Act of 1867, and Switzerland's constitution, first established in 1848, are other notable examples of long-standing constitutions.

The longevity of the Australian Constitution underscores its historical significance and the foundation it provides for the nation's legal system. While it has undergone amendments, its core principles have endured, shaping Australia's political landscape for over a century.

Frequently asked questions