Malcolm Rivera
The idea of a single written constitution became popular worldwide after the ratification of the American Constitution. The first written constitution adopted by a modern state was the 1634 Instrument of Government, drawn up under the Lord High Chancellor of Sweden, Axel Oxenstierna, after the death of King Gustavus Adolphus. Poland was the first European nation to adopt a written constitution in 1791, followed by France later that year. The United Kingdom has the oldest existing constitution if the Magna Carta, dating back to 1215, is taken into account.
| Characteristics | Values |
|---|---|
| Date Written | 4 January 1649 |
| First Declared By | The Rump Parliament |
| First Adopted By | The English Protectorate set up by Oliver Cromwell |
| Name | The Instrument of Government |
| Duration of Use | 1653-1657 |
| Modern State | Yes |
| Inspired By | The Greek city-states' customary or partially written constitutions |
| Inspired | Many 19th-century changes of government, including Poland's constitution in 1791, France's constitution in 1791, and dozens of new constitutions in 1848 |
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What You'll Learn
- The UK's Magna Carta, dating back to 1215, is the oldest existing constitution
- The US Constitution, signed in 1787, was the first complete written national constitution
- The 1848 European Revolutions produced dozens of new constitutions
- The Belgian Constitution, approved in 1831, was inspired by French and Dutch constitutions
- The Swiss Federal Constitution, written in 1848, was influenced by the US Constitution
The UK's Magna Carta, dating back to 1215, is the oldest existing constitution
The Magna Carta was created at a time when England was in political turmoil, with ongoing disputes between King John and a group of rebel barons. The charter was intended to address these conflicts and outline the rights and liberties of the English nobility. While it initially only applied to a small group of elites, the Magna Carta has since been recognised as a foundational text in the development of constitutionalism and the protection of individual freedoms.
Over time, the Magna Carta has been amended and updated to reflect the changing needs and values of British society. Despite this, its core principles, including the idea of limiting the power of the monarch and protecting the rights of citizens, have endured. The Magna Carta has also influenced other constitutions and legal systems around the world, including the American Constitution, which was ratified in 1788 and introduced in 1789.
While the American Constitution was not the first written constitution, it played a significant role in popularising the idea of a single written constitution. Following its adoption, many countries began to embrace the concept of a written constitution as a symbol of democratic governance. This trend was particularly notable in the 19th century, with dozens of new constitutions being written during the European Revolutions of 1848.
In conclusion, the UK's Magna Carta, dating back to 1215, holds a significant place in the history of constitutionalism. It not only laid the foundation for the UK's constitutional framework but also inspired the development of written constitutions in other nations, contributing to the advancement of democratic ideals and the protection of individual rights and liberties.
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The US Constitution, signed in 1787, was the first complete written national constitution
The US Constitution, signed on September 17, 1787, was the world's first complete written national constitution, although it was neither the first constitution of a general government nor the first written constitution. The US Constitution was ratified in 1788 and introduced in 1789, making it one of the oldest constitutions still in place today. Before the US Constitution, several governments, including the Greek city-states, had customary or partially written constitutions.
The US Constitution was formed at the Philadelphia Constitutional Convention, where delegates from the American states sought to address the flaws in the state constitutions, which they believed had exchanged the unlimited power of the king for the unlimited power of the legislature. The checks and balances system that emerged from the Philadelphia convention was a reinstatement of what the delegates believed the British constitution stood for before kings began exceeding their legitimate power.
The US Constitution's elaborate system of checks and balances, its constrained list of rights, and its overall structure have rarely been copied verbatim. However, the American constitutional experience demonstrated how a long-lasting democratic government could be constructed through clever ideas about the design of political institutions. This model of political creation has influenced constitution writers worldwide.
The US Constitution's signing inspired other nations to adopt written constitutions. For instance, Poland and France adopted their first written constitutions in 1791, and dozens of new constitutions were produced during the European Revolutions of 1848. The Swiss Federal Constitution, first written in 1848, was heavily influenced by the US Constitution and the ideals of the French Revolution.
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The 1848 European Revolutions produced dozens of new constitutions
The 1848 European Revolutions, also known as the "Spring of Nations", were a series of republican revolts against European monarchies. These revolutions resulted in dozens of new constitutions being written, as the old leaders of major German and Italian states, as well as Austria, were forced to grant liberal constitutions. The revolution was successful in France, where the monarchy was once again overthrown and replaced by a republic, and the Second Republic and universal manhood suffrage were established. However, the quarrel between the supporters of the "république démocratique" and the "république démocratique et sociale" led to a workers' insurrection in June 1848.
In Austria, the monarchy withstood the pressure, but the new ministers promised to grant constitutions. In Prussia, King Frederick William IV, who advocated for German unification, raised the black, red, and gold flag that signified German unity. The German governments agreed to the convocation of three constituent assemblies in Berlin, Vienna, and Frankfurt, where democratic constitutions were to be drafted for Prussia, Austria, and Germany.
The revolution in Italy began with a local uprising in Sicily in January 1848, and the tricolour of "white, red, and green" became a symbol of the revolution. The republic was proclaimed in 1849, but the Italian revolution only took the form of a nationalist uprising against Austria, led by the King of Sardinia.
The 1848 revolutions also impacted Spain, although the country did not experience a revolution itself. Instead, it was going through the Second Carlist War, and by 1854, a radical-liberal revolution and a conservative-liberal counter-revolution had occurred. The Spanish radical movement was influenced by the French Second Republic, leading them to adopt republicanism and exit the Progressive Party to form the Democratic Party in 1849.
While the 1848 European Revolutions produced dozens of new constitutions, it is worth noting that the world's oldest constitutions include the Magna Carta of the United Kingdom, dating back to 1215, and the United States Constitution, which was ratified in 1788 and remains one of the oldest still in place today.
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The Belgian Constitution, approved in 1831, was inspired by French and Dutch constitutions
The first written constitution in a European nation was the Magna Carta, which was adopted in England in 1215. It is considered the founding instrument of the constitutional framework of the United Kingdom, and two of its articles are still in force today.
The Belgian Constitution, approved on February 7, 1831, was inspired by several other constitutions, including the French constitutions of 1791, 1814, and 1830, the Dutch constitution of 1814, and English constitutional law. The Belgian Constitution was created after Belgium's secession from the United Netherlands in the Belgian Revolution. It established Belgium as a parliamentary monarchy with three levels of government: the legislative, executive, and judiciary. The core principle of the constitution was the separation of powers.
The Belgian Constitution also enshrined several rights and freedoms for Belgian citizens. It guaranteed the equality of all Belgians before the law, ensuring that no citizen could be denied their freedom except as ordered by a court. It protected property rights, the confidentiality of mail, and freedom of opinion, religion, education, and the press. Additionally, it granted citizens the right to form associations and address petitions to public authorities.
The Belgian Constitution has undergone amendments over time, including the introduction of the Court of Arbitration in 2003 and the addition of a Title 1bis in 2007, outlining general policy objectives for federal Belgium and its regions. The official version of the 1831 Constitution was written in French, with an official Dutch version adopted in 1967 and a German version in 1991. The document continues to be a fundamental text in Belgium's governance.
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The Swiss Federal Constitution, written in 1848, was influenced by the US Constitution
The Swiss Federal Constitution of 1848 was the first written constitution in any European nation. It was written in response to the 27-day civil war, the Sonderbundskrieg, which ended in November 1847. The constitution was promulgated on 12 September 1848, transforming Switzerland into a federal state.
The Swiss Federal Constitution of 1848 was heavily influenced by the US Constitution and the ideals of the French Revolution. The creation of a bicameral assembly, the Federal Assembly, was modelled after the US system, with the National Council and Council of States corresponding to the House of Representatives and the Senate, respectively. The Swiss Constitution also provided its citizens with a declaration of fundamental individual rights, a federal government, and a federal court of justice.
The Federal Assembly was made up of two houses: the Council of States (Ständerat) and the National Council (Nationalrat). The Council of States was composed of two deputies from each canton (44 members at the time), while the National Council was made up of deputies elected for three-year terms. The Federal Council or executive (Bundesrat) consisted of seven members elected by the Federal Assembly, with each member heading one of the seven executive departments. The chairman of the Council also held the title of President of the Swiss Confederation for a one-year term, with the position rotating among the members.
The Swiss Federal Constitution of 1848 was modified several times during the following decades and was eventually wholly replaced in 1874 and then again in 1999. The 1999 Constitution is the third and current federal constitution of Switzerland, establishing the country as a federal republic of 26 cantons (states). It includes a catalogue of individual and popular rights, such as the right to call for popular referendums on federal laws and constitutional amendments, and outlines the responsibilities of the cantons and the Confederation.
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Frequently asked questions
The first written constitution in a European nation was the English Protectorate's Instrument of Government, established in 1649. It was the first detailed written constitution adopted by a modern state.
The Instrument of Government was the first written constitution of England, established after the English Civil War. It formed the basis of government for the short-lived republic from 1653 to 1657, providing legal rationale for Oliver Cromwell's increasing power after Parliament failed to govern effectively.
The oldest written constitution still governing a sovereign nation is that of San Marino, written in 1600. It is known as the Leges Statutae Republicae Sancti Marini and consists of six books. The first book establishes councils, courts, various executive officers, and their powers. The remaining books cover civil law, criminal law, and judicial procedures and remedies.
The oldest constitution in the world is considered to be the Magna Carta, created in 1215. However, it is argued that the first constitution of a general government was that of the Greek city-states, which had customary or partially written constitutions.
The first complete written national constitution was the American Constitution, ratified in 1788 and introduced in 1789. However, the American states had complete written constitutions before the Philadelphia Constitutional Convention.
