Eleanor Finch
The American Constitution is often credited as being the first written constitution in the world. However, the Corsican Constitution of Pasquale Paoli, drafted in 1755, predates it by more than three decades. The American Constitution, signed on September 17, 1787, is nonetheless notable for being the first complete written national constitution and one of the longest-lived and most emulated constitutions worldwide. Since its inception, close to 800 constitutions have been adopted and amended by independent states.
| Characteristics | Values |
|---|---|
| First written constitution | The Corsican Constitution of Pasquale Paoli (1755) |
| First complete written national constitution | The American Constitution |
| First colonial constitution | The "Fundamental Orders" |
| First Serbian constitution | The Nomocanon of Saint Sava (1219) |
| First constitution of its kind in Europe | The Polish–Lithuanian Commonwealth Constitution (1791) |
| World's second oldest constitution | The American Constitution |
| Oldest and shortest written constitution still in force | The Constitution of the United States of America (U.S. Constitution) |
| First to distinguish between ordinary law and constitutional law | Aristotle (c. 350 BC) |
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What You'll Learn
The first written constitution
The American Constitution is often regarded as the first written constitution. However, the Corsican Constitution of Pasquale Paoli, drafted in 1755, predates it by over three decades. The Corsican Constitution was a "concentrated statement of some major doctrines of the Enlightenment", according to historian Dorothy Carrington, and called for universal male suffrage.
The American Constitution, signed on September 17, 1787, was the first complete written national constitution. It was drafted by 38 delegates, with a 39th signature added later, representing a variety of interests and views. The founders bypassed state legislatures and called for special ratifying conventions in each state, with ratification by 9 of the 13 states enacting the new government.
While the American Constitution was the first of its kind, it was influenced by many sources, including the British tradition of a constitution based on law and tradition, the thoughts of Locke and Montesquieu, and the influence of the Iroquois Confederacy. The American states also had their own complete written constitutions before the Philadelphia Constitutional Convention. The delegates at the convention reacted against what they saw as flaws in the state constitutions, which had exchanged the unlimited power of a king for the unlimited power of a legislature.
The American constitutional experience has served as a model for constitution-writers around the world, showing how a long-lasting democratic government could be constructed through clever ideas about the design of political institutions. Since 1789, close to 800 constitutions have been adopted and subsequently amended by independent states. The average life of a newly written constitution is around 19 years, although some, like the American Constitution, have remained in force for several centuries.
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The first national constitution
The American Constitution is often regarded as the first national constitution. It was signed on September 17, 1787, by 38 delegates, with George Reed signing on behalf of John Dickinson of Delaware, bringing the total number of signatures to 39. It is the oldest and shortest written constitution still in force and has served as a model for many other constitutions around the world.
However, it is important to note that the American Constitution was neither the first constitution of a general government nor the first written constitution. Several governments, including the Greek city-states, had customary or partially written constitutions. Additionally, the American states had their own complete written constitutions before the Philadelphia Constitutional Convention, where the American Constitution was drafted.
The American Constitution was preceded by the Articles of Confederation, which served as America's first constitution after the Revolutionary War. However, the Articles of Confederation had limitations, including a lack of enforcement powers and the inability to regulate commerce or print money, which led to concerns about the young country's stability.
The first colonial constitution in the American colonies, the "Fundamental Orders," was adopted in Hartford, Connecticut, in 1639. Additionally, the Corsican Constitution of Pasquale Paoli, drafted in 1755, predated the American Constitution by more than three decades.
The American Constitution has had a significant impact on the design of political institutions and has been a source of inspiration for constitution-writers worldwide. Its elaborate system of checks and balances and its constrained list of rights have contributed to its longevity and influence.
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The first colonial constitution
The "Fundamental Orders" was a significant step towards establishing a functioning government in the American colonies. It set out the basic laws and principles that would govern the region, which had been settled by English Puritans from Massachusetts in the early 17th century.
While the "Fundamental Orders" was the first colonial constitution, it was not the first written constitution in the world. That distinction goes to the Corsican Constitution of Pasquale Paoli, which was written in 1755, more than three decades before the American Constitution. The Corsican Constitution was a "concentrated statement of some major doctrines of the Enlightenment," according to historian Dorothy Carrington, and it included a call for universal male suffrage, with no property qualifications.
The American Constitution, which was adopted in 1787, is often credited as being the first written constitution, but this is not accurate. The American Constitution was, however, the first complete written national constitution, and it has had a lasting impact on the design of political institutions around the world. It is the oldest and shortest written constitution still in force and has served as a model for many other constitutions.
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The oldest constitution still in force
The American Constitution was preceded by the first colonial constitution, the "Fundamental Orders", which was adopted in Hartford, Connecticut, in 1639. The American Constitution also took inspiration from the British constitution, which has a long tradition going back to the Magna Carta, as well as the influence of the Iroquois Confederacy and the thoughts of Locke and Montesquieu. The American Constitution is also notable for its invention of judicial review, which has spread throughout the world.
The first Serbian constitution, the Nomocanon of Saint Sava, was compiled in 1219, and served as the basis for the functioning of the young Serbian kingdom and the Serbian church. It was based on Roman Law and canon law, which was based on Ecumenical Councils.
The first written constitution is considered to be the Corsican Constitution of Pasquale Paoli, which was drafted in 1755, over 30 years before the American Constitution. Paoli led the effort to free the Mediterranean island of Corsica from the colonial control of Genoa, and the Corsicans called for universal male suffrage.
The first constitution in the new world was the "Instrument of Government", drafted by Major-General John Lambert in 1653.
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The first Serbian constitution
The first constitution in the New World was the "Fundamental Orders," which was adopted in Hartford, Connecticut, in 1639.
Now, onto the first Serbian constitution. The first Serbian constitution was the Nomocanon of Saint Sava, also known as "Zakonopravilo" in Serbian. It was compiled in 1219, building upon earlier works started by Saint Sava in 1208. The Nomocanon of Saint Sava was based on Roman Law and canon law, derived from Ecumenical Councils. Its purpose was to organise the functioning of the young Serbian kingdom and the Serbian church.
The second Serbian constitution was enacted in 1835, known as the Sretenje Constitution ("Candlemas Constitution"). It was drafted by Dimitrije Davidović and was based on the French constitution of 1791, the Belgian constitution of 1831, and the US Constitution. The 1835 Serbian constitution divided power into legislative, executive, and judicial branches, which is still considered the standard of democracy and constitutionality today.
The current Serbian constitution, also known as the Mitrovdan Constitution, was adopted in 2006, replacing the previous 1990 constitution. This constitution was put to a referendum, where 53% of voters approved it, and it was officially adopted on November 8, 2006.
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Frequently asked questions
The first complete written national constitution was the American Constitution. However, it was not the first written constitution. The Corsican Constitution of Pasquale Paoli, drafted in 1755, preceded it by more than three decades.
The "Fundamental Orders" was the first constitution in the American colonies. It was adopted by representatives of Wethersfield, Windsor, and Hartford in Hartford, Connecticut.
The Articles of Confederation was America's first constitution. It gave the Confederation Congress the power to make rules and request funds from the states, but it had no power to enforce these rules, regulate commerce, or print money.
The first Serbian constitution was the Nomocanon of Saint Sava, which was compiled between 1208 and 1219.
