Why Europeans Cherish Written Constitutions

The concept of a written constitution has long been a topic of interest for nations across the globe, with varying approaches observed in different regions. While some countries, such as the United Kingdom, favour an uncodified constitution, others have embraced the idea of a written or codified constitution. This appeal of written constitutions in Europe is a fascinating aspect of political and legal history, with a range of factors influencing their adoption and evolution. From the earliest written constitutions in Europe, such as Poland's Constitution of 1791, to more modern iterations, these documents have played a pivotal role in shaping the legal and political landscape of the continent.

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Written constitutions provide a clear framework for governance

The process of drafting a written constitution allows for careful consideration of the unique needs and characteristics of the country in question. It involves engaging with the country's history, culture, and values, as well as its political and legal traditions. This results in a framework that is tailored to the specific context and requirements of the nation, promoting effective governance.

For instance, the Swiss Federal Constitution, first written in 1848, was heavily influenced by the ideals of the French Revolution and the United States Constitution. It established a federal government and court system, and provided citizens with a declaration of fundamental rights. The Swiss Federal Constitution has been periodically updated, with the most recent version being ratified in 1999, demonstrating the adaptability of written constitutions to evolving societal needs.

Written constitutions also offer a degree of permanence and continuity. They provide a reference point for future generations, ensuring that the core principles and values of a nation are preserved even as specific policies and leaders change. This continuity fosters a sense of national identity and unity, as citizens can rally around the shared ideals enshrined in their constitution.

Additionally, written constitutions can serve as a tool for nations to signal their commitment to certain values and principles, both domestically and internationally. For example, the inclusion of a bill of rights or specific provisions protecting certain freedoms and rights can demonstrate a nation's dedication to upholding human rights and the rule of law. This, in turn, can enhance a nation's reputation and credibility on the world stage.

They outline citizens' rights and liberties

A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation, or other types of entities, and commonly determines how that entity is to be governed. Constitutions outline the legal systems of a country and also detail its citizens' rights and liberties.

The Swiss Federal Constitution, for example, provided its citizens with a declaration of fundamental individual rights, a federal government, and a federal court of justice. Similarly, the Constitution of Luxembourg describes the guarantee of the rights and liberties of the nation's citizens. The Polish Constitution of 3 May 1791 is considered the world's second-oldest modern constitution and the oldest in Europe. It established a more effective constitutional monarchy with a clear division of executive, legislative, and judiciary powers.

In the United Kingdom, the Magna Carta is often regarded as a foundational document, similar to how other countries might view a written constitution. The British Empire left a modified and simplified version of its constitution in its former colonies, such as India, Nigeria, and Zambia, which have been comparatively more successful in the operation of constitutional government than former colonies of continental European countries.

The European Union (EU) has also made attempts to establish a unified constitution for its member states. The Treaty establishing a Constitution for Europe was signed in 2004 by 53 senior political figures from the 25 member states of the EU. However, it was rejected by France and the Netherlands in their national referendums. Following this, the Lisbon Treaty was created to replace the Constitutional Treaty, amending existing treaties and abandoning the idea of a single codified constitution.

Written constitutions are adaptable and pragmatic

The process of amending written constitutions allows societies to address emerging issues and challenges. For instance, the Weimar Constitution of Germany, established in 1919, faced issues due to an extremely democratic electoral law that allowed for proportional representation, leading to highly fragmented political parties. The adaptability of written constitutions was also evident in the French Constitution of the Third Republic, which, despite being short-lived, served France well for 70 years until the German invasion of 1940.

Written constitutions provide a legal basis for governance, outlining the fundamental principles and legal systems of a country. They also detail the rights and liberties of citizens, such as the Swiss Federal Constitution's declaration of fundamental individual rights and the Constitution of Luxembourg's guarantee of citizens' rights. The process of drafting and amending written constitutions allows societies to codify their values and priorities. For example, the Spanish Constitution of 1812 served as a model for liberal constitutions in several South European and Latin American nations, influencing the constitutions of Portugal, Italy, Norway, and Mexico.

The adaptability of written constitutions is further demonstrated in the ability to establish and modify the form of governance. For instance, the Constitution of Brazil of 1824 expressed the option for a monarchy as a political system, which was later amended in 1889 to adopt a Republican model. Similarly, the British colonies in North America that became the original United States adopted their own constitutions during the American Revolution, with the exception of Massachusetts, Connecticut, and Rhode Island, which operated under old colonial charters until they adopted state constitutions in the 19th century.

The pragmatic nature of written constitutions lies in their ability to be responsive to societal needs and aspirations. They can be amended to address specific concerns, such as the extension of voting rights in Luxembourg's Constitution in 1919, lowering the voting age and expanding suffrage beyond male taxpayers. Written constitutions also allow for the establishment of emergency provisions, as seen in the French Constitution of the Fifth Republic, which grants the president the power to dissolve Parliament and circumvent a hostile National Assembly through a referendum.

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They can inspire future constitutional developments

Written constitutions have long been a source of inspiration for future constitutional developments in Europe and beyond. The Magna Carta, for instance, is often viewed as a foundational document in the evolution of the UK's constitutional system, inspiring future developments such as 'habeas corpus', which guarantees that a person cannot be detained without legal reason. Similarly, the Fundamental Orders of 1639, the first North American constitution, laid the groundwork for subsequent constitutions in what would become the original 13 United States.

The Spanish Constitution of 1812 served as a model for liberal constitutions in several South European and Latin American nations, including Portugal, Italy, Norway, and Mexico. These constitutions, in turn, influenced the establishment of constitutional monarchies or republics in countries like Brazil. The Polish Constitution of 1791, considered the world's second-oldest modern constitution, established a clear division of executive, legislative, and judicial powers, inspiring later constitutions around the world.

In more recent times, the Treaty establishing a Constitution for Europe, signed in 2004, aimed to create a single codified constitution for the European Union. Although this treaty was ultimately rejected by France and the Netherlands, it sparked a period of reflection that led to the Lisbon Treaty, which amended existing treaties rather than creating a new constitution.

The appeal of written constitutions lies in their ability to provide a clear framework for governance, outline legal systems, and protect citizens' rights. They offer stability and a sense of permanence, even as interpretations and amendments are made over time. The process of drafting and amending constitutions allows societies to adapt to changing circumstances, embrace new ideals, and shape their future through a defined legal and political process.

Written constitutions are a symbol of independence

The act of writing a constitution is a powerful statement of a nation's autonomy and its desire to establish a distinct form of governance. It allows a country to define its fundamental principles, legal basis, and the rights of its citizens. A written constitution provides a framework for how a nation wishes to be governed and can be a source of national pride and unity.

For instance, the Spanish Constitution of 1812, ratified during the French occupation, served as a symbol of resistance and a model for liberal constitutions in several South European and Latin American nations. Similarly, the Swiss Federal Constitution, influenced by the ideals of the French Revolution and the US Constitution, established the Swiss Federal State and provided its citizens with a declaration of fundamental rights.

Written constitutions also offer a degree of permanence and stability to a nation's governance. They provide a set of established precedents that guide the functioning of the state. While constitutions can and should be amended as societies evolve, they offer a degree of continuity and a framework for resolving conflicts and periods of political instability.

In summary, written constitutions are a symbol of a nation's independence, providing a means to assert sovereignty, define fundamental principles, and establish a stable system of governance. They are a powerful tool for nations to shape their future and protect the rights of their citizens.

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