Isabella Carter
The oldest institution known to the constitution is a highly debated topic, with several countries claiming to have the oldest constitution in the world. The United States Constitution, which came into force in 1789, is often considered the oldest written and codified national constitution still in effect. However, the Republic of San Marino's constitution traces back to the 1600s, but its multiple texts have sparked debate among historians and legal scholars. Other countries with old constitutions include Poland, Denmark, Canada, Norway, Belgium, Luxembourg, Australia, and Tonga.
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What You'll Learn
The United States Constitution
The US Constitution establishes the framework of the federal government and outlines the rights and responsibilities of its citizens and state governments. It consists of a preamble, seven original articles, and 27 amendments. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the President and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts. Articles IV through VI describe the concepts of federalism and the states' relationship to the federal government. Article VII establishes the procedure used by the 13 states to ratify the Constitution.
The Constitution was ratified in 1788, after nine of the 13 original states signed it. The Constitution came into force in 1789, and a new government was established. The first 10 amendments, known as the Bill of Rights, were proposed by James Madison and became part of the Constitution in 1791. These amendments protect freedom of speech, the right to bear arms, and guard against unreasonable searches and seizures, among other individual liberties.
The US Constitution has been amended 27 times since its inception. The process of amending the Constitution is deliberately challenging, requiring the approval of a supermajority of two-thirds of both houses of Congress or a constitutional convention requested by two-thirds of state legislatures, followed by ratification by three-quarters of state legislatures or ratifying conventions. This rigorous amendment process has contributed to the longevity and stability of the Constitution.
The creation of the US Constitution was influenced by various sources, including the Magna Carta, Enlightenment rationalism, English common law, and the political philosophies of Hume, Locke, Blackstone, and Montesquieu. Some scholars argue that the Iroquois Confederacy also influenced the Constitution's political concepts and ideas. The Constitution has endured as a living document, adapting to the changing social and political landscape of the United States.
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The Constitution of San Marino
The Constitution is a legal document that sets out the fundamental principles and laws that govern a country. It outlines the responsibilities and powers of the government, as well as the rights of citizens. While some countries have constitutions that have evolved peacefully over centuries, others have been born out of conflict and revolutions.
The Statuti Comunali (Town Statute), which dates back to around 1300, serves as the foundation for San Marino's current legal system. Existing institutions, such as the Council of the Sixty, were carried forward from this period. The Statutes form the basis of all law in effect today and may be the oldest constitution of any existing nation. The first book contains 62 articles and is constitutional in nature, describing the various councils of San Marino, courts, administrative positions such as the Captains-Regent, and their powers. The final two articles explain how the law is to be interpreted and altered, as well as how it is to be promulgated. The Civilium Causarum, or the second book, contains 75 articles. The first half covers civil law procedures, including subpoenas, evidence, witness examination, and judicial expenses.
On July 12, 1974, the Captains-Regent signed a law (59/1974) adopted by the Grand and General Council, which included a declaration of citizen rights and the fundamental principles of the juridical order of San Marino. The Declaration begins with a repudiation of war, stating that the people are sovereign and explaining the separation of powers doctrine's applicability to San Marino. Citizens are guaranteed rights such as equality, inviolability, freedom, and universal suffrage. This Declaration was amended in 2002 to provide additional constitutional detail on the organisation of government and the establishment of the Guarantors' Panel on the Constitutionality of Rules, a court responsible for evaluating laws' compliance with the Declaration of Rights.
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The Constitution of Denmark
The main principle of the Constitution was to limit the power of the king, creating a comparatively weak constitutional monarch. The monarch's role is ceremonial, and they are dependent on ministers for advice and parliament to draft and pass legislation. The Constitution also outlines Danish democracy and establishes the rights and duties of individual citizens, such as freedom of speech, freedom of religion, freedom of association, and freedom of assembly. These rights are not just for Danish citizens, but for all people in Denmark.
The Constitution of 1849 established a bicameral parliament, the Rigsdag, consisting of the Landsting and the Folketing. The most significant change in the 1953 Constitution was the abolishment of the Landsting, leaving the unicameral Folketing. The Folketing plays a crucial role in passing new constitutional provisions. When the Folketing passes a Bill for a new constitutional provision, writs are issued for the election of members of a new Folketing. If the Bill is passed unamended, it is submitted to the electors for approval or rejection by direct voting within six months. If a majority of those voting (at least 40% of the electorate) approve the Bill, and it receives Royal Assent, it becomes part of the Constitutional Act.
The Danish Constitution has been amended only five times, with the latest amendment in 1952. The original Act from 1849 had 100 sections, but this was reduced to 89 sections, grouped into 11 chapters. Denmark celebrates the adoption of the Constitution every year on June 5, known as Constitution Day (Danish: Grundlovsdag).
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The Constitution of Luxembourg
The Grand Duchy of Luxembourg is a parliamentary democracy in the form of a constitutional monarchy. It is the only Grand Duchy in the world. The current Constitution of Luxembourg, the supreme law of the country, was originally adopted on 17 October 1868, making it one of Europe's oldest written constitutions still in force.
Luxembourg's 1868 Constitution has been amended numerous times, reflecting the country's evolving nature and likely contributing to its longevity. The most recent amendment was made on 1 July 2023. The frequency of these amendments has led to proposals for a full revision of the Constitution, which would be the first since its inception. This new constitution would redefine the constitutional role of the Grand Duke, as well as include reforms in justice, rights of children, and animals, and promote more direct democracy.
The Grand Duke is the head of state and holds executive power jointly with the government. The Grand Duke is meant to express the identity of the country and symbolise its independence, the unity of the territory, and the permanence of the state. While the Grand Duke has the power to dissolve the legislature, sovereignty resides with the nation, and the Grand Duke exercises power in accordance with the Constitution and the law. The Grand Duke is inviolable and cannot be tried or held accountable for his actions, ensuring the stability and impartiality of the monarchical institution.
Legislative power is vested in the Chamber of Deputies, a unicameral legislature of sixty members, who are directly elected to five-year terms from four constituencies. The Chamber of Deputies passes laws according to the procedural forms set out by the Constitution and has the power to withdraw confidence from ministers, obliging them to resign. The Chamber shares the right of initiative in legislative matters with the government, and laws may be initiated by either body.
Luxembourg's institutions are organised according to the principle of the separation of powers, although in practice, there are many links between the executive and legislative powers. The Grand Duchy became a founding member of the United Nations in 1945 and abandoned its neutral status under the constitution in 1948.
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The Constitution of Canada
Canada's Constitution has a long history, dating back to the country's early days as a self-governing British colony. The British North America Act of 1867, now known as the Constitution Act, 1867, codified many constitutional rules for Canada. However, major changes to the Constitution could only be made by the United Kingdom Parliament. Over time, Canada sought to amend its Constitution independently, but these attempts were unsuccessful, making constitutional reform a politically sensitive issue.
In addition to the written components, the Constitution of Canada also includes unwritten conventions and traditions. These unwritten aspects are influenced by Canada's history, traditions, and beliefs, as well as its status as a constitutional monarchy. The Constitution Act, 1867, for example, provided for a constitution "similar in principle" to the largely unwritten constitution of the United Kingdom.
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Frequently asked questions
The oldest constitution in the world is that of the Republic of San Marino, which came into effect on October 8, 1600. It is, however, not recognised by some historians and legal scholars as the oldest surviving national constitution due to it being comprised of multiple texts.
The United States Constitution is often considered the second oldest in the world, as it is the oldest single text document serving as a constitution. It was ratified on June 21, 1788, and came into force in 1789.
Some countries with the oldest constitutions in the world include Poland, whose constitution dates back to May 3, 1791; Luxembourg, whose final and currently accepted version of the constitution came into effect on October 17, 1868; Denmark, whose Constitutional Act came into effect in 1849; and Canada, whose constitution came into being with the passing of the Constitution Act of 1867.
