Jonah Patel
Constitutions are the most important legal documents of a country, outlining the fundamental principles, governmental powers, and citizen rights. While some have endured for centuries, others have emerged during periods of political upheaval. The world's oldest written constitution was drafted in the United States of America in 1787, but the oldest surviving constitution is believed to be that of the Republic of San Marino, which came into effect in 1600.
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What You'll Learn
The US Constitution
Articles IV, V, and VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure used by the 13 states to ratify the Constitution.
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San Marino's Constitution
The Statuti Comunali (Town Statute) has been in effect in San Marino since about 1300, serving as the basis for all laws in force today. The first book contains 62 articles of a constitutional nature, outlining the various councils, courts, and administrative positions of San Marino, including the Captains-Regent and their assigned powers. The second book, Civilium Causarum, contains 75 articles, with the first half dedicated to civil law procedures.
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. This declaration affirmed the sovereignty of the people, outlined the separation of powers, and guaranteed citizens' rights to equality, inviolability, freedom, and universal suffrage. Amendments were made to this law in 2000 and 2002, with the latter providing further constitutional detail on the organisation of the government and establishing the Guarantors' Panel on the Constitutionality of Rules, a court responsible for ensuring laws comply with the Declaration of Rights.
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Poland's Constitution
The Constitution of Poland, ratified on 3 May 1791, is considered the second oldest written constitution in the world. It was the continent's first-ever codified national constitution, coming second only to the United States Constitution.
Poland's 1791 Constitution was groundbreaking in several ways. Firstly, it stipulated the decentralisation of state power and emphasised the notion of the division of powers, providing for a system of checks and balances. Secondly, it abolished the hereditary monarchy and replaced it with an elected monarchy, allowing any Pole or foreigner of royal blood to compete for the crown of the Commonwealth of Poland-Lithuania. Thirdly, it abolished the liberum veto, a parliamentary device that required unanimity in the decision-making process. Finally, the constitution upheld the supremacy of Catholicism, strengthening the idea of a special connection between Catholicism and constitutionalism.
However, the 1791 Constitution had a short lifespan due to external pressures and the subsequent partitioning of Poland among Prussia, Russia, and Austria in 1795. After the Polish-Lithuanian Commonwealth was dissolved, the Kingdom of Poland was restored under a new constitution in 1815 as a separate possession of the Russian Empire.
Poland regained its independence after World War I and adopted a new constitution in 1921, modelled after the French Constitution of 1875. This constitution provided for a tripartite division of powers, a strong local government, and restored Poland as a democratic republic. It included a broad catalogue of civil liberties, such as freedom of speech, freedom of the press, freedom of assembly, and private property rights.
The current Polish Constitution was enacted in 1997, establishing Poland as a parliamentary democratic representative republic. 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 consists of two chambers: the Senate (upper house) and the Sejm (lower house). The judiciary is headed by a Supreme Court and a Constitutional Tribunal.
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Luxembourg's Constitution
Constitutions are the foundational documents of nations, outlining fundamental principles, governmental powers, and citizen rights. While some have endured for centuries, others have emerged during periods of political upheaval and conflict.
The 1868 Constitution is a living, evolutionary document that has been amended many times to adapt to the evolving needs of a modern democracy. For example, in 2004, there was a reform of the provisions on regulatory power and the inclusion of public establishments in the Constitution. In 2006, the rules regarding the immunity of deputies and the conditions for lifting it were reformulated. The Constitution was also revised in 2008 to change the provisions on Luxembourgish nationality, and in 2009, the Grand Duke's prerogative to sanction laws was removed. The most recent amendment was in 2019.
The Constitution is considered the supreme legal rule of the state, proclaiming the fundamental rights of citizens and setting out the state's major principles of operation. It comprises 121 Articles, divided into 13 chapters, covering topics such as the role of the Grand Duke, the rights and liberties of citizens, and the separation of powers in the State.
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Canada's Constitution
The Constitution of Canada, also known as the Constitution Act, includes written and unwritten components. It is the supreme law of Canada, outlining the country's system of government and the civil and human rights of citizens and non-citizens. The Constitution of Canada comprises core written documents and provisions that are constitutionally entrenched, take precedence over all other laws, and place substantive limits on government action.
The first semblance of a constitution for Canada was the Royal Proclamation of 1763, which established an appointed colonial government and renamed the northeasterly portion of the former French province of New France as the Province of Quebec. This proclamation served as the constitution of Quebec until 1774 when the British Parliament passed the Quebec Act, which expanded the province's boundaries and replaced French criminal law with the English common law system.
The cornerstone of Canada's legal framework, the Constitution Act of 1867, was initially enacted as the British North America Act, uniting the British colonies of the United Province of Canada, Nova Scotia, and New Brunswick into a single self-governing entity. The Constitution Act, 1867, authorized Parliament to establish a general court of appeal for Canada, as well as any additional courts to better administer the laws of the country. It also set out the basic principles of democratic government in Canada by defining the powers of the three branches of government.
In 1982, the Canadian constitution was "patriated" from the United Kingdom, and the Canada Act 1982, which included the Constitution Act, 1982, was passed by the British Parliament with the request and assent of the Canadian Parliament. The Constitution Act, 1982, includes the Canadian Charter of Rights and Freedoms, enshrining various civil rights and obligations into the constitution for the first time.
Canada is one of the oldest constitutional monarchies in the world, with a system of government that blends the Westminster system with federalism. The country's constitution is an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples, uncodified traditions, and conventions. While the King has executive power, the powers are exercised by constitutional convention on the advice of Ministers who enjoy the confidence of the House of Commons.
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Frequently asked questions
The Republic of San Marino is believed to have the oldest surviving constitution in the world, dating back to the year 1600. However, it is not a single document but a series of six books written in Latin, collectively referred to as the "Statutes of 1600".
The United States of America has the second oldest constitution, drafted in 1787. It is the shortest documented constitution in the world and has influenced the drafting of many other constitutions.
A constitution is the most important legal document of a country. It outlines fundamental principles, governmental powers, and citizen rights. It sets out how the country will be run and describes the political system.
![Constitutions of the Ancient Accepted Scottish Rite. For the Northern Masonic Jurisdiction of the United States, as Revised in 1884 1884 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
