Simone Lawson
Constitutions are the bedrock of nations, outlining fundamental principles, governmental powers, and citizen rights. While some have endured for centuries, others have been forged in conflict. The world's oldest surviving constitution is a matter of debate, depending on whether the constitution is written or unwritten, codified or uncodified, and whether it is still in use today. The United States Constitution, ratified in 1788, is the oldest active codified constitution still in use. The Constitution of San Marino, with origins in the year 1600, is the oldest surviving written constitution of any sovereign state. Britain has the oldest unwritten constitution, with the Magna Carta of 1215 serving as the fundamental charter for the modern-day United Kingdom.
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What You'll Learn
The UK's Magna Carta (1215)
The UK's Magna Carta, established in 1215, is considered one of the most influential legal documents in British history. It is also known as Magna Carta Libertatum, which translates from Medieval Latin as "Great Charter of Freedoms". The charter was drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, and was agreed upon by King John of England at Runnymede, near Windsor, on June 15, 1215.
The Magna Carta was an attempt to make peace between King John and a group of rebel barons, who demanded that the king confirm the Charter of Liberties, which was a written proclamation issued by King Henry I in 1100. The charter outlined several rights, including the protection of church rights, protection for barons from illegal imprisonment, access to swift and impartial justice, and limitations on feudal payments to the Crown. It also included clauses that pardoned offences committed during the dispute between the king and the clergy and laymen.
Despite being drafted and agreed upon, neither side upheld their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War. The king reneged on Clause 61, which allowed an established committee of barons to overthrow the king if he defied the charter. This clause was particularly threatening to the Pope, as it called into question not only the king's authority but also that of the Church.
The Magna Carta is considered a powerful symbol of liberty and is often cited by politicians and campaigners. While the original 1215 charter has been repealed and is not in force, three clauses from the original charter are enshrined in the 1297 reissued Magna Carta and remain in force in England and Wales. The Magna Carta is also recognised as an important foundation for contemporary parliamentary powers and legal principles, influencing the formation of the United States Constitution.
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San Marino's Constitution (1600)
The Constitution of San Marino, dating back to 1600, is one of the oldest written constitutions still in use today. San Marino, officially the Republic of San Marino, is a small, landlocked country in Southern Europe, completely surrounded by Italy. It is the fifth-smallest country in the world, with a land area of just over 61 square kilometres and a population of 34,042 as of 2025. Its capital, the City of San Marino, is located atop Mount Titano, within the Apennine Mountains.
The San Marino constitution, originating from the Statutes of 1600, outlines a parliamentary form of government. The Great and General Council (Parliament) consists of 60 members, elected every five years by all adult citizens. The Council has legislative and administrative powers and is headed by the two captains regent (capitani reggenti), who are jointly selected by the Council every six months and may not be re-elected until three years have passed. The captains regent are the heads of state and of the administration. The Congress of State, a council of ministers, is the central organ of executive power and is composed of 10 members, elected by the Great and General Council. Each member oversees a ministerial department.
The Constitution of San Marino was updated in 1974 when the Captains-Regent signed a law containing a declaration of citizen rights and the fundamental principles of the juridical order of San Marino. Citizens are guaranteed certain rights, including equality, freedom, and universal suffrage. The Declaration was further amended in 2002, providing additional constitutional detail on the organisation of government. In 2019, amendments were made to the Constitution to ban discrimination based on sexual orientation.
San Marino claims to be the oldest constitutional republic, founded, according to legend, in 301 AD by Saint Marinus, a stonemason from the island of Rab in present-day Croatia. Saint Marinus is said to have established a monastic community on Monte Titano, now the site of the country's capital. The earliest historical evidence for a monastic community in San Marino dates to the 5th or 6th century AD.
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US Constitution (1787)
The US Constitution, the oldest active codified constitution in the world, was signed on September 17, 1787, and ratified in 1788. It is the fundamental law of the US federal system of government and a landmark document of the Western world. The US Constitution defines the basic framework of the federal government, delineates the separation of powers, and enshrines individual rights.
The US Constitution was drafted at the Constitutional Convention in Philadelphia, which was convened to revise the Articles of Confederation. The Articles of Confederation had attempted to retain as much independence and sovereignty for the states as possible, but the national government's inability to act during crises, such as Shays' Rebellion (1786-87) in Massachusetts, highlighted the need for a stronger central government. The Constitutional Convention was attended by 55 delegates, and the Constitution was signed by 39 of them.
The US Constitution consists of seven articles, the first three of which embody the doctrine of the separation of powers. The federal government is divided into three branches: the legislative (consisting of the bicameral Congress), the executive (consisting of the President and subordinate officers), and the judicial (consisting of the Supreme Court and other federal courts). The remaining articles outline concepts of federalism, describing the rights and responsibilities of state governments, their relationship to the federal government, and the shared process of constitutional amendment.
The Bill of Rights, consisting of the first ten amendments to the Constitution, was ratified in 1791. These amendments guarantee fundamental freedoms such as freedom of speech, religion, and due process. The US Constitution has been amended several times since its adoption, but its basic framework remains unchanged since 1787.
The US Constitution has served as a model for other constitutions around the world, including Poland's groundbreaking Constitution ratified in 1791, which was the first codified national constitution in Europe and the second in the world after the US Constitution.
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Poland's Constitution (1791)
Poland's Constitution of 3 May 1791, also known as the Government Act, was a groundbreaking document in Europe's constitutional history. It was the continent's first codified national constitution and the world's second, following the United States Constitution of 1789.
The Polish-Lithuanian Commonwealth Constitution was developed by some of the leading minds of the Enlightenment in Poland, including King Stanislaw August Poniatowski, Stanisław Staszic, Scipione Piattoli, Julian Ursyn Niemcewicz, Ignacy Potocki, and Hugo Kołłątaj. It was adopted by the Great Sejm, a parliamentary body, and was intended to strengthen the monarchy while safeguarding the rights of both the nobility and citizens.
The Constitution of 1791 is considered a significant milestone in Poland's history, as it established the country's first modern-style political party. It built upon the country's long tradition of parliamentary institutions and checks and balances on state power. The document also reflected the influence of the American and English constitutions, which King Stanislaw August Poniatowski sought to adapt to Poland's unique circumstances.
Unfortunately, Poland's Constitution of 1791 had a premature end. It was in force for less than 19 months before being declared null and void by the Grodno Sejm in 1793. The subsequent partitioning of the nation in 1793 and 1795 ended Poland's and Lithuania's sovereign existence until the end of World War I in 1918.
Despite its short-lived implementation, Poland's Constitution of 1791 remains a pivotal moment in the evolution of constitutional governance, not just in Poland but across Europe. It inspired and shaped future constitutions, contributing to the advancement of democratic ideals and the protection of citizens' rights.
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Japan's unamended Constitution
The Constitution of San Marino, a small republic enclosed by Italy, is the world's oldest, unchanged constitution. Dating back to 1600, it serves as the fundamental charter governing the nation. However, the focus here is on Japan's unamended constitution, which is also one of the world's oldest and most enduring constitutions.
The Constitution of Japan, enacted on November 3, 1946, and coming into effect on May 3, 1947, stands as a pivotal document in the nation's history, outlining the country's governing principles and the rights of its citizens. It was drafted during the post-World War II Allied occupation of Japan, under the supervision of Douglas MacArthur, the Supreme Commander of the Allied Powers. The constitution's liberal and democratic character was influenced by American and Western political thought, marking a significant shift from Japan's previous form of government, which had been dominated by the emperor.
This constitution is often referred to as the "Pacific War Constitution" or the "Postwar Constitution," and it has remained unamended since its enactment, which is a unique feature among the world's constitutions. The document consists of a preamble and 103 articles, divided into eleven chapters, and it outlines the organization and functions of Japan's government, as well as the rights and duties of its citizens. One of the most notable aspects of the constitution is its emphasis on peace and the renunciation of war as a sovereign right.
- Chapter 1, Articles 1-8: Defines the role of the emperor as a "symbol of the State and of the unity of the people," with derivative power from the people, and outlines the rights and duties of citizens, including the protection of human rights, respect for fundamental human equality, and promotion of international peace and cooperation.
- Chapter 2, Articles 9-40: Describes the processes and structures of the national Diet (legislature), including the House of Representatives and the House of Councillors, and outlines the procedures for lawmaking, the national budget, and the selection of the Prime Minister.
- Chapter 3, Articles 41-64: Deals with the organization and functions of the Cabinet, including the role of the Prime Minister, the establishment of ministries, and the relationship between the Cabinet and the Diet.
- Chapter 4, Articles 65-76: Focuses on Japan's judicial system, guaranteeing an independent court system with the Supreme Court at the apex, and outlining the procedures for appointing judges and the jurisdiction of the courts.
- Chapters 5 to 10 cover topics such as finance, local self-government, amendments to the constitution, the process of constitutional amendment, and supreme laws, and supplemental provisions.
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Frequently asked questions
The world's oldest surviving constitution is that of the Republic of San Marino, with some core documents dating back to 1600.
The constitution of San Marino is uncodified, meaning it is not a single document but is made up of multiple documents. The constitution outlines the organisation of its government, the rights of its citizens, and the principles that guide this ancient microstate.
The oldest codified constitution in the world is the United States Constitution, ratified on June 21, 1788. It established the framework for the federal government, delineated the separation of powers, and enshrined individual rights.
Britain has the world's oldest and unwritten constitution, the Magna Carta, which King John of England issued in 1215.
