Simone Lawson
The Constitution of San Marino, written in 1600, is the oldest surviving written constitution in the world. The Constitution of the United States, written in 1789, is the oldest active codified constitution. The Constitution of Monaco, written in 1962, is the shortest written constitution in the world. The Constitution of India is the longest written constitution of any country in the world. The United Kingdom has an uncodified constitution, which is instead written in numerous fundamental acts of a legislature, court cases, and treaties.
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What You'll Learn
- The US Constitution is the oldest active codified constitution
- The UK has the oldest constitution if you count the Magna Carta
- The Constitution of India is the longest written constitution
- The Constitution of Monaco is the shortest written constitution
- The Swiss Federal Constitution was influenced by the US Constitution
The US Constitution is the oldest active codified constitution
The US Constitution, which was signed in 1787, is the oldest active codified constitution in the world. It was ratified in 1788 and introduced into operation in 1789. The Constitution's main provisions include seven articles that define the basic framework of the federal government. The first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III). The US Constitution was the first permanent constitution of its kind and has influenced the constitutions of several other countries.
While the Constitution of San Marino dates back to 1600 and is the oldest existing constitution, it is uncodified, meaning that not all its elements are law. The United Kingdom also has an "unwritten" constitution based on common law, practices, and various statutes, including the Magna Carta, which was written in the 13th century.
Since 1789, close to 800 constitutions have been adopted and subsequently amended around the world by independent states. The average life of a newly written constitution is around 19 years, and many do not last more than 10 years. The US Constitution, however, has remained in force for several centuries, often without major revisions for long periods.
The process of amending the US Constitution involves two steps. First, proposals to amend the Constitution must be properly adopted and ratified before they can change the Constitution. Second, there are two procedures for ratifying the proposed amendment, which requires the approval of three-fourths of the states.
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The UK has the oldest constitution if you count the Magna Carta
The UK is home to one of the oldest constitutions in the world if you count the Magna Carta, which was issued in 1215. The Magna Carta is generally considered part of the uncodified constitution of the United Kingdom. It was the first document to establish the principle that the king and his government were not above the law. The document sought to prevent the king from exploiting his power and placed limits on royal authority by establishing law as a power in itself.
The Magna Carta was not intended to be a great charter of rights for all people, but rather it was designed by barons to ensure their rights were protected against the king's power. It was quickly realised that the document stood in the same relation to the King-in-Parliament as it had to the King without Parliament. The Magna Carta also influenced the formation of the United States Constitution, which is the oldest active codified constitution in the world.
The historical account of the Magna Carta being an attempt to restore rights overthrown by the Norman invasion of 1066 is flawed. However, this account was invoked by jurists such as Sir Edward Coke in the early 17th century, who used it to argue against the divine right of kings. The political myth of the Magna Carta dealing with the protection of ancient personal liberties persisted after the Glorious Revolution of 1688 until well into the 19th century.
The Magna Carta was also influential for early American colonists, who brought royal charters that established the colonies. For example, the Massachusetts Body of Liberties contained similarities to Clause 29 of the Magna Carta, which remains in force as part of New Zealand law. The document is also honoured in the United States as an antecedent of the United States Constitution and Bill of Rights.
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The Constitution of India is the longest written constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization, or another type of entity, and commonly determines how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution.
The Constitution of India is the supreme legal document of India. It lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out fundamental rights, directive principles, and the duties of citizens. It espouses constitutional supremacy and was adopted with a declaration in its preamble. The original 1950 constitution is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi. Two copies of the Indian constitution were handwritten, one in English and one in Hindi. They are currently kept in helium-filled cases in the library of the Parliament House.
The Constitution of India replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. The constitution declares India a sovereign, socialist, secular, and democratic republic, assures its citizens justice, equality, and liberty, and endeavours to promote fraternity. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950, which is celebrated every year in India as Republic Day.
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The Constitution of Monaco is the shortest written constitution
Constitutions are the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization, or another type of entity, and they commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution.
The Constitution of Monaco, first adopted in 1911 after the Monégasque Revolution, is the shortest written constitution in the world. It was heavily revised by Prince Rainier III on December 17, 1962, and outlines three branches of government, including several administrative offices and a number of councils, who share advisory and legislative power with the prince. The constitution also defines the line of succession to the Monégasque throne. The prince retains the highest executive power, but the principality's head of government is the minister of state, who presides over a six-member Council of Government, helps advise the prince, and is responsible for enforcing the laws. The independence of the judges is guaranteed by the constitution, and the Supreme Court of Monaco is composed of five chief members and two assistant judges named by the prince on the basis of nominations by the National Council and other government bodies.
The Constitution of Monaco is written in French and has approximately 3,800 words. It is divided into 12 chapters, with the chapters further divided into 96 articles. The first chapter of the constitution highlights the public power of the principality, while the second chapter deals with the succession to the throne. By comparison, the longest written constitution is that of India, with 146,385 words in its English-language version.
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The Swiss Federal Constitution was influenced by the US Constitution
The Swiss Federal Constitution, first written on September 12, 1848, was heavily influenced by the US Constitution, as well as the ideals of the French Revolution. The 1848 Constitution was modified several times before being wholly replaced in 1999. The 1848 Constitution represented the first time that the Swiss had a central government instead of being a collection of autonomous cantons bound by treaties.
The US Constitution, which was ratified in 1788 and introduced into operation in 1789, is the oldest active codified constitution still in force. It is also the shortest written constitution still in effect. The Swiss Federal Constitution of 1848 was written in response to a 27-day civil war, the Sonderbundskrieg, which ended on 12 September 1848, the same day the new constitution was declared. The new constitution created, for the first time, Swiss citizenship in addition to cantonal citizenship.
The 1848 Constitution established a federal central government, to which the cantons gave up certain parts of their sovereign rights. The Federal Assembly, a bicameral assembly consisting of the National Council and the Council of States, was established. The Federal Council or executive (Bundesrat) consisted of seven members elected by the Federal Assembly. The judiciary (Bundesgericht) was made up of eleven members elected for three years by the Federal Assembly.
The Swiss Federal Constitution of 1848 provided its citizens with a declaration of fundamental individual rights, a federal government, and a federal court of justice. It also standardised daily life in the country. For example, in 1849, a uniform postal service was established, and in 1850, a single currency was imposed to replace the cantonal currencies. In 1851, the telegraph was organised, and in 1868, the metric system was allowed and later declared obligatory and universal in 1875.
The modern Swiss Federal Constitution was ratified on April 18, 1999, and directly replaced the 1874 Constitution. The 1999 Constitution has been changed by popular initiative ten times between 2002 and 2014. It establishes Switzerland as a federal republic of 26 cantons (states) and contains a catalogue of individual and popular rights, including the right to call for popular referendums on federal laws and constitutional amendments.
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Frequently asked questions
The world's youngest written constitution is that of Monaco, which was adopted in 1962 during the reign of Prince Rainier III. It is also the world's shortest constitution, with 3,814 words.
The Constitution of San Marino, written in 1600, is the oldest existing constitution in the world. It is also one of the world's shortest constitutions, consisting of six books.
The United States Constitution, ratified on June 21, 1788, is one of the oldest and shortest written constitutions still in force. The Constitution of Norway, adopted on May 17, 1814, is also one of the oldest existing constitutions in the world.
