Jonah Patel
Constitutions are fundamental pillars of governance that shape the political, social, and legal landscapes of nations. The oldest constitution in the world is a contentious topic. The Constitution of San Marino, dating back to 1600, is considered the oldest surviving constitution in the world. However, it is comprised of a series of six books written in Latin, which some historians and legal scholars argue does not fall under the category of a constitution. The Constitution of the United States, ratified in 1788, is the oldest active codified constitution and the second oldest in the world. The United Kingdom's uncodified constitution includes the Magna Carta from 1215, making it the oldest in the world if considered. Other old constitutions include those of Poland (1791), Norway (1814), Australia (1901), and Luxembourg (1868).
| Characteristics | Values |
|---|---|
| Location | San Marino, a small sovereign country located in the Apennine Mountains on the Italian Peninsula in Southern Europe |
| Type | The Constitution of San Marino is not a single document but a series of six books written in Latin, collectively referred to as the "Statutes of 1600" |
| Date enacted | 8 October 1600 |
| Date amended | N/A |
| Length | N/A |
| Influences | N/A |
| Other | San Marino is believed to be the oldest constitutional republic in the world, founded on 3 September 301 by Marinus, a Christian stonemason fleeing religious persecution |
| The Constitution of the United States is the second oldest, ratified on 21 June 1788 |
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What You'll Learn
The US Constitution
> We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
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San Marino's Constitution
San Marino, a small sovereign country located in the Apennine Mountains on the Italian Peninsula in Southern Europe, is a landlocked enclave surrounded by Italy. It is one of the European microstates and has the smallest population of all the members of the Council of Europe.
San Marino claims to be the oldest constitutional republic in the world, founded on September 3, 301, by Marinus, a Christian stonemason fleeing the religious persecution of Roman Emperor Diocletian. San Marino's constitution, dating back to 1600, is the world's oldest written constitution still in effect. The historical life expectancy of a constitution since 1789 has been approximately 19 years, making San Marino's constitution all the more remarkable.
On July 12, 1974, the Captains-Regent signed a law (59/1974) adopted by the Grand and General Council, containing a declaration of citizen rights and the fundamental principles of the juridical order of San Marino. This declaration begins with a repudiation of war and states that the people are sovereign. It also explains how the separation of powers doctrine is applicable to San Marino. Citizens are guaranteed certain rights, including equality, inviolability, freedom, and universal suffrage. This law has been described as the fundamental law of the Republic, and it was amended in 2002 to provide further constitutional detail on the organisation of the government.
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Poland's Constitution
The Constitution of the United States of America, ratified in 1787, is the world's oldest active codified constitution. The United Kingdom's Magna Carta, which dates back to 1215, is the oldest existing constitution in the world.
Poland's first written constitution was proposed on May 3, 1791, making it the world's second oldest constitution. The Polish-Lithuanian Commonwealth Constitution, which was adopted by the Great Sejm, is considered the first constitution of its kind in Europe. It is regarded as a symbol of Poland's national identity.
The Polish Constitution of 1791 abolished the hereditary monarchy, replacing it with an elected one. It emphasised the division of powers and introduced a system of checks and balances. The constitution also abolished the liberum veto, a parliamentary device that required unanimity in the decision-making process. Additionally, it recognised the importance of Catholicism for the Polish nation while respecting religious freedom.
Following years of authoritarian rule, Poland introduced a new constitution in 1935, which established a presidential system by limiting the role of the Sejm and delegating most state power to the President. After World War I, Poland regained its independence and adopted the final constitution on March 17, 1921, modelled after the French Constitution of 1875. This constitution provided for a tripartite division of powers, strong local government, and restored Poland as a democratic republic.
Today, Poland is a parliamentary democratic representative republic with a political system based on the Polish Constitution of 1997. The country's executive power is vested in the President and the Prime Minister, with the former serving as the head of state and the latter as the head of government. The legislature is composed of two chambers: the Senate (upper house) and the Sejm (lower house). The judicial branch is headed by a Supreme Court and a Constitutional Tribunal.
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The UK's uncodified Constitution
The UK's constitution is an uncodified constitution, which means that it is not set out in a single document but is made up of different sources, including statutes, laws, legislation, and conventions. It is one of only three countries in the world with an uncodified constitution, the other two being New Zealand and Israel. The UK's constitution is also one of the oldest in the world, dating back to the Magna Carta in 1215.
The uncodified nature of the UK's constitution has both advantages and disadvantages. On the one hand, it is more dynamic and flexible than a written constitution, as it can be easily changed without going through a formal amendment process. It is also able to evolve over time to adapt to changing social values. However, the lack of a single, written document can make the UK's constitution seem less formal and legitimate. It can also lead to uncertainty and ambiguity, as the powers of the executive, legislative, and judicial branches are not clearly defined, potentially leading to conflicts between the different branches of government.
Some legal scholars argue that the UK's constitution should be characterised as a "façade" constitution due to the lack of an effective separation of powers and the fact that parliamentary sovereignty allows Parliament to overrule fundamental rights. However, others argue that the term "uncodified" is more appropriate than "unwritten" to describe the UK's constitution, as it does have written aspects, including laws, statutes, and legislation.
Overall, the UK's uncodified constitution allows for greater flexibility and adaptability when compared to written constitutions. However, it also faces challenges in terms of legitimacy, uncertainty, and the potential for abuse of power. The ongoing debate around the UK's constitution centres on balancing these factors to ensure a stable and effective system of government.
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Luxembourg's Constitution
The Grand Duchy of Luxembourg is a democratic, free, independent, and indivisible state. The country's constitution, which was first adopted on 17 October 1868, is one of Europe's oldest written constitutions still in force. It has been revised many times, with the most recent revision occurring in 2009. The 1868 Constitution confirmed the principle of constitutional monarchy and the international status of Luxembourg, declaring it to be an "independent, indivisible, inalienable and eternally neutral" state. The written constitution is considered "evolutionary" in nature, adapting to the evolving times and concurrent historical and political events in Luxembourg.
The 1868 Constitution of Luxembourg was preceded by four other constitutional documents that governed the country during its period of political instability from 1815 to 1868. The fifth Constitution of 1856 was revised to create the modern 1868 Constitution, which was granted by William III. This new Constitution resembled the Belgian Constitution of 1831, as a part of Luxembourg had been governed under it in the previous decade due to the Belgian Revolution. The 1868 Constitution has been amended numerous times, with provisions even dating back to the first Constitution granted by William II of the Netherlands in 1841.
The Luxembourg Constitution outlines the roles of the executive, legislative, and judicial branches of the country's system of government. It establishes the separation of powers, with executive power vested in the Grand Duke and the Government, legislative power conferred upon the unicameral parliament (Chamber of Deputies), and judicial power attributed to independent courts and tribunals. The Grand Duchy is headed by a constitutional monarch, with the current Grand Duke, Henri Albert Gabriel Félix Marie Guillaume, exercising sovereign power in conformity with the Constitution and the country's laws.
The Constitution guarantees equality for Luxembourgers, who are equal before the law and have access to public, civil, and military employment. It also ensures the natural rights of the human person and the family, with Article 87 providing for a Superior Court of Justice. Additionally, it addresses the status of Luxembourgers, acquisition, retention, and loss of citizenship, and the right to renounce or revoke citizenship. The Constitution also includes provisions for the selection, replacement, and minimum age of the Head of State.
Luxembourg is currently considering enshrining the right to abortion in its Constitution, following in the footsteps of countries like France. This proposal has cleared a major hurdle, and the State Council has issued a favourable opinion on the necessary legal text. The bill is expected to be debated in a parliamentary committee soon.
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Frequently asked questions
The Constitution of San Marino, dating back to 1600, is the oldest written constitution still in use. It is comprised of a series of six books written in Latin, collectively referred to as the "Statutes of 1600".
Japan has the oldest unamended constitution in the world.
The Constitution of India is the longest written constitution in the world, with 146,385 words in its English-language version.
The Constitution of Monaco is the shortest written constitution in the world, with 3,814 words.
