Eleanor Finch
The length of a constitution is influenced by various factors, including the number of items, the level of detail, and the inclusion of elements from other constitutions. Lengthy constitutions, such as the Indian Constitution, often undergo additions and amendments over time, increasing their complexity. While some argue that longer constitutions are time-inconsistent and negatively impact economic indicators, others suggest that length ensures comprehensive coverage of a country's political, social, and economic aspects. The time taken to draft a constitution also impacts its length, with some constitutions, like the United States Constitution, enduring for centuries with minimal revisions.
| Characteristics | Values |
|---|---|
| Length at the time of adoption | One of the lengthiest documents ever created, with 395 Articles and 8 Schedules |
| Amendments | Additions in the form of Constitutional Amendments, with two new Schedules |
| Influence | Liberal incorporation of elements from other Constitutions, including the USA and Britain |
| Time inconsistency | A long constitution combined with locking mechanisms generates time inconsistency |
| Rigidity | More rigid constitutions are more difficult to amend |
| Frequency of amendments | More frequently amended |
| Country indicators | Longer constitutions are associated with lower GDP per capita and higher corruption |
| Average life | The average life of a newly written constitution is around 19 years |
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What You'll Learn
- Lengthy constitutions are often a result of liberal incorporation of elements from other constitutions
- They can be influenced by the political philosophies of the time
- Lengthy constitutions are frequently revised and may be considered impediments
- They are more rigid, making them difficult to amend
- They may be influenced by the desire for immediate outcomes and a short drafting process
Lengthy constitutions are often a result of liberal incorporation of elements from other constitutions
Lengthy constitutions are often a result of the liberal incorporation of elements from other constitutions. This practice can lead to time inconsistency, where the constitution becomes challenging to amend due to its extensive detail and complexity.
When drafting a constitution, framers must decide what to include, how detailed the associated rules should be, and how protected the rules will be from future modifications. The first two decisions directly impact the length of the constitution, while the third decision relates to amendment rules. By including too many items and providing excessive detail, constitutions can become lengthy and locked, making future revisions difficult.
The English Bill of Rights (1689) inspired the American Bill of Rights, with both documents requiring jury trials, upholding the right to keep and bear arms, prohibiting excessive bail, and forbidding cruel and unusual punishments. The American Revolution further influenced the rights guaranteed by the Federal Bill of Rights, drawing from English law and the literature of republicanism in the United States, as demonstrated by the works of John Adams, who often quoted Blackstone and Montesquieu.
The Spanish Constitution served as a model for several liberal constitutions in South European and Latin American nations. For example, the Portuguese Constitution of 1822, the constitutions of Italian states during the Carbonari revolts, the Norwegian Constitution of 1814, and the Mexican Constitution of 1824 were all influenced by the Spanish Constitution.
Additionally, the first detailed written constitution adopted by a modern state, the English Protectorate's Instrument of Government, formed the basis of government for the short-lived republic from 1653 to 1657. Drafted by Major-General John Lambert, it included elements from an earlier document, "Heads of Proposals," agreed upon by the Army Council in 1647. This set a precedent for future constitutions, influencing the concepts of bicameralism, separation of powers, written constitutions, and judicial review.
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They can be influenced by the political philosophies of the time
The length of a constitution is influenced by the political philosophies of the time. For instance, the US Constitution was influenced by the ideas of European Enlightenment thinkers such as Montesquieu, John Locke, and others. The inclusion of unalienable rights, the separation of powers, and the structure of the US Constitution can be attributed to these Enlightenment influences. The political philosophies of the time also shape the content and length of constitutions in other countries. For example, the Norwegian Constitution of 1814 adopted many facets from the American and French constitutions while maintaining a hereditary monarch.
The Indian Constitution, one of the lengthiest documents ever created, was influenced by the constitutions of the USA and Britain, incorporating many of their salient features. The length of a constitution can also be influenced by the desire to include specific details and rules, as well as the level of protection from future modifications. This was seen in the US Constitution, where certain provisions were locked in and protected from future changes.
The political philosophies and ideologies of the time play a significant role in shaping the content and length of constitutions. For example, the advancement of personal liberties was influenced by the Scottish Enlightenment, as noted by historian Herbert W. Schneider. The ideas and beliefs of the time period are reflected in the length and content of the constitution, demonstrating the impact of political philosophies on constitutional length.
The length of a constitution can also be influenced by the desire to address specific concerns or issues. For instance, the Constitution of Medina, drafted by the Islamic prophet Muhammad, aimed to end intertribal fighting between clans and instituted rights and responsibilities for Muslim, Jewish, and pagan communities. The length of this constitution was influenced by the need to address specific concerns and establish a unified community.
Additionally, the political philosophies of the time can impact the length of a constitution by influencing the level of detail and the number of items included. A constitution with a large number of items and detailed rules will be lengthier. This was seen in the Indian Constitution, which originally had 395 Articles and 8 Schedules, contributing to its length. The political philosophies and priorities of the time influence the content and length of constitutions, making them reflective of the societal and ideological context in which they were created.
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Lengthy constitutions are frequently revised and may be considered impediments
Lengthy constitutions are often the result of liberal incorporations of elements from other constitutions. For example, the lengthy Indian Constitution was influenced by the constitutions of the USA and Britain.
However, lengthy constitutions are frequently revised and may be considered impediments. The correlation between constitutional length and the frequency of amendments has been studied, with researchers noting that the frequency of amendments has increased dramatically after 1950. This may be due to the increased density of political time, requiring more amendments. Additionally, the combination of length and rigidity in constitutions can generate time inconsistency, as Waldron's analysis suggests.
Empirical observations from OECD countries have found that longer constitutions are more rigid and more frequently amended. This may be because they impose harm on overwhelming majorities, as they tend to contain more substantive restrictions. Longer constitutions in OECD countries are also associated with lower GDP per capita and higher corruption. These negative effects persist even when controlling for corruption.
The time inconsistency of long constitutions can be addressed by decreasing the number of items or the level of detail in each item, or by unlocking the constitution to make it more flexible. The locking mechanisms in lengthy constitutions can be considered serious impediments, as frequent revisions indicate that they are seen as harmful regulations.
Furthermore, the average life of a newly written constitution is around 19 years, with many not lasting more than 10 years. This highlights the need for careful consideration when drafting constitutions to ensure their longevity and effectiveness.
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They are more rigid, making them difficult to amend
Lengthy constitutions are often more rigid, making them difficult to amend. The difficulty in amending lengthy constitutions can be attributed to several factors, including the complexity of the amendment process, the high thresholds required for approval, and the involvement of multiple political actors.
Firstly, the amendment process for lengthy constitutions can be intricate and cumbersome. For example, in the case of the Belgian Constitution, amending it requires a series of intricate steps, including declarations of revision, the dissolution of the federal parliament, and new federal elections. This complex process makes it challenging to make any changes to the constitution.
Secondly, lengthy constitutions often require high thresholds for approval of amendments. For instance, the Pinochet constitution in Chile mandates a vote of four-sevenths in each chamber of the bicameral legislature and the approval of the President for certain types of legislation. Similarly, the United States Constitution requires supermajority approvals, with the support of two-thirds of Congress or three-quarters of the states needed to amend it. These high thresholds create a formidable barrier to implementing changes.
Additionally, multiple political actors are often involved in the amendment process for lengthy constitutions. In some cases, citizens themselves play a direct role in proposing or approving amendments through initiatives, referendums, or conventions. For example, in the United States, amendment suggestions come from presidents, legislators, judges, and academics, each with their own interests and interpretations. The involvement of numerous stakeholders can lead to coordination challenges and political dynamics that hinder the amendment process.
The rigidity of lengthy constitutions can also be attributed to the locking of too many items and providing excessive detail. This creates a time inconsistency, where the frequency of amendments is lower than expected due to the difficulties in navigating the complex and stringent amendment procedures.
While lengthy constitutions may be challenging to amend, it is important to note that state constitutions within a country can vary in their amendment processes and frequency. For example, in the United States, state constitutions are generally amended more frequently and with greater ease compared to the federal Constitution.
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They may be influenced by the desire for immediate outcomes and a short drafting process
The length of a constitution is influenced by several factors, including the desire for immediate outcomes and a swift drafting process. This was evident in the creation of the Indian Constitution, which was one of the lengthiest documents ever created at the time of its adoption, with 395 Articles and 8 Schedules. Over time, it has only grown in size due to additional Constitutional Amendments and the inclusion of elements from other constitutions, such as those of the USA and Britain.
The desire for immediate outcomes can lead to a rushed drafting process, resulting in a lengthy constitution. This haste may be driven by a sense of urgency to establish a new political system or address pressing issues. In such cases, the focus may be on producing a comprehensive document that addresses a wide range of topics, resulting in a lengthy text.
The drafting process of a constitution involves making decisions about the content, level of detail, and protection from future modifications. The desire for immediate outcomes can influence these decisions, leading to the inclusion of numerous items and a high level of detail. This approach may be motivated by the aim of creating a comprehensive framework that can address a wide range of scenarios and situations.
A lengthy constitution can be a result of the desire to include a diverse range of topics and address multiple concerns. This may be driven by the goal of creating a comprehensive document that leaves no room for ambiguity or uncertainty. Each topic and clause may be elaborately defined, with specific rules and regulations, contributing to the overall length of the document.
Additionally, the desire for immediate outcomes can impact the protection and amendment process of the constitution. A lengthy constitution may have numerous rules locked in place, making it difficult to amend. This rigidity can be a result of the desire to maintain stability and consistency, ensuring that the constitution is not frequently revised. However, this can also lead to time inconsistency, where the constitution becomes an impediment to progress and may require frequent revisions despite the strict locking mechanisms in place.
In conclusion, the desire for immediate outcomes and a swift drafting process can indeed influence the length of a constitution. This can result in a comprehensive document that addresses a wide range of topics and concerns, with a high level of detail and numerous locked-in rules. However, it is important to consider the potential drawbacks, such as time inconsistency and the need for frequent revisions, which may impact the effectiveness and longevity of the constitution.
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Frequently asked questions
Lengthy constitutions are often the result of a desire to include specific details and rules, and to protect these rules from future modifications. This can lead to time inconsistency and rigidity, making them difficult to amend.
Lengthy constitutions have been found to be associated with lower GDP per capita and higher corruption.
A lengthy constitution may provide more comprehensive protection and safeguards against corruption and other issues.
While lengthy constitutions can be problematic, they may also be beneficial in certain contexts. For example, they can provide greater detail and clarity on complex issues and ensure that important provisions are not easily removed.
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