Simone Lawson
Constitutions are closely tied to the historical and political context of a country, and most states in the world have codified constitutions. Codified constitutions are often the product of dramatic political change, such as a revolution. The country with the most constitutions in the world is the Dominican Republic, which has had 32 constitutions since its independence in 1844. Three other countries have also had 20 or more constitutions throughout their history, all in Latin America: Venezuela (26), Haiti (24), and Ecuador (20). Interestingly, the Constitution of India is the longest written constitution of any country, with 146,385 words in its English-language version, while the Constitution of Monaco is the shortest, with 3,814 words.
| Characteristics | Values |
|---|---|
| Country with the most constitutions | The Dominican Republic |
| Venezuela, Haiti, and Ecuador are other countries that have had 20 or more constitutions | |
| Country with the longest constitution | India |
| Country with the shortest constitution | Monaco |
| Country with the oldest active constitution | San Marino |
| Country with the oldest active codified constitution | The United States |
| Average life expectancy of a written constitution | 19 years |
| Countries with entrenched clauses in their constitutions | The US, the Czech Republic, Germany, Turkey, Greece, Italy, Morocco, the Islamic Republic of Iran, Brazil, and Norway |
| Countries with confederal constitutions | N/A |
| Countries that have codified constitutions | Most states in the world |
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What You'll Learn
- Latin America has the most convoluted constitutional history
- The Dominican Republic has had 32 constitutions, the most of any country
- Venezuela, Haiti, and Ecuador have each had over 20 constitutions
- Codified constitutions are often a product of dramatic political change
- The Constitution of India is the world's longest written constitution
Latin America has the most convoluted constitutional history
Latin America has had the most convoluted constitutional history of any region in the world. The Dominican Republic, a country within this region, has had 32 constitutions since its independence in 1844—the largest number of constitutions of any country. Three other countries that have had 20 or more constitutions throughout their history are also in Latin America: Venezuela (26), Haiti (24), and Ecuador (20). In fact, four of the countries in the world with the most constitutions since their founding are in Latin America and the Caribbean.
The convoluted constitutional history of Latin America can be attributed to the role constitutional law has played in constituting a nation. Unlike in the United States, constitutional law in Latin America is not always considered a field of legal science. Consequently, it has been less susceptible to positive foreign influences and more susceptible to constant change. This has resulted in extensive periods of political instability and weak institutions.
The susceptibility of constitutional law to constant change has also made it susceptible to governmental corruption. In Latin America, corruption is often practiced under a government that fosters neglect and dishonor for the law. This occurs when the law is weak and subject to frequent change. For instance, the lifespan of a constitution in Latin America is about 16.5 years, which raises concerns about the ability of a leader to change the rules to suit their interests.
Furthermore, whether the constitution holds the power to provide legitimacy to the government or it is properly utilized in the courts has been dependent on the regime and the current leader. This makes the political landscape unstable and susceptible to corruption. At times, leaders have governed without a constitution, while others have used it as a facade or designed authoritarian constitutions.
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The Dominican Republic has had 32 constitutions, the most of any country
The Dominican Republic has had the most constitutions of any country in the world, with sources citing 32 or 39 constitutions since its independence in 1844. This high number of constitutions is partly due to the country's practice of promulgating a new constitution whenever an amendment is ratified. Additionally, the country has been dominated by two constitutional traditions—one democratic and the other authoritarian—with successive governments often rejecting their predecessors' policies and frameworks.
The first constitution of the Dominican Republic, promulgated in 1844, was a compromise between conservative and liberal factions, with a rhetorical lean towards liberalism. It called for a popularly elected government, outlined the powers of the Congress and judiciary, and forbade the suspension of the constitution. It also declared Roman Catholicism as the state religion and abolished slavery. However, this constitution was short-lived as, in 1854, political unrest led to caudillo Pedro Santana reclaiming power and altering the constitution to align with his autocratic governing style. This shift ushered in a series of constitutions in the late 1800s that reflected authoritarian ideals.
The country's constitutional trajectory continued to be tumultuous, influenced by periods of foreign control and domestic political upheaval. From 1861 to 1865, the Dominican Republic was under Spanish rule, and from 1916 to 1924, it was controlled by the United States. These external influences further complicated the country's constitutional landscape.
In 1964, Juan Bosch's freely elected social-democratic government drafted a liberal constitution that separated church and state, restricted the military's political involvement, and established civil liberties. However, this constitution was short-lived as conservative elements in Dominican society banded together to oust Bosch and reinstate the previous, more conservative constitution of 1962. The resulting civil war in 1965 led to another constitution, drafted under the leadership of Joaquín Balaguer and his party.
The most recent constitution of the Dominican Republic was promulgated on June 13, 2015. Despite having the most constitutions, the country continues to face criticism for certain provisions, such as the ban on same-sex marriage and abortion, which has been deemed a setback for human rights.
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Venezuela, Haiti, and Ecuador have each had over 20 constitutions
Venezuela, Haiti, and Ecuador have had tumultuous political histories, with each country having over 20 constitutions. Venezuela's current constitution, adopted in 1999, is the country's twenty-sixth. This constitution was drafted by a constituent assembly created by popular referendum and brought about significant changes to the country's governmental structure and socio-economic policies. It also enshrined a much broader range of human rights, including free education, healthcare, and access to a clean environment. Venezuela's previous constitution, enacted in 1961, was the longest-serving in the country's history.
Haiti has had 22 constitutions throughout its history, with the latest version coming into effect in 2012. The country's constitutions have been influenced by the constitutions of the United States, Poland, and France. The 1987 constitution banned dual citizenship, impacting the ability of Haitian-Americans to run for president. However, the 2012 constitution re-legalized dual citizenship and mandated the establishment of a permanent constitutional court and a permanent electoral council.
Ecuador has also had a dynamic constitutional history, with various constitutions shaping the country's political landscape. Ecuador's first constitution was adopted when the country gained independence from Spain in 1830. The country has since had multiple constitutions, with the most recent one being adopted in 2008. This constitution is notable for being the first in the world to recognize the rights of nature or ecosystem rights and make them legally enforceable. Ecuador's constitutional evolution has included periods of military rule and the introduction of leftist ideologies, reflecting the country's shifting political landscape.
The frequent changes in constitutions in these countries can be attributed to various factors, including political instability, social reforms, and the desire to adapt to the evolving needs and values of their societies. Each new constitution represents a significant shift in the countries' political and legal frameworks, shaping the rights and responsibilities of their citizens.
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Codified constitutions are often a product of dramatic political change
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a country or other type of entity, and commonly determines how that entity is to be governed. Constitutions can be written or unwritten, codified or uncodified. A codified constitution is a single comprehensive document that embodies the constitution, while an uncodified constitution is written in several documents, such as fundamental acts of a legislature, court cases, and treaties.
Codified constitutions are often the product of dramatic political change, such as a revolution. The process of adopting a constitution is closely tied to the historical and political context driving this fundamental change. The legitimacy and longevity of codified constitutions are often tied to the process by which they are initially adopted. Scholars have pointed out that high constitutional turnover within a country may be detrimental to the separation of powers and the rule of law. For example, the Dominican Republic, which has had 32 constitutions since its independence in 1844, the most of any country. Three other countries that have had 20 or more constitutions throughout their history are Venezuela (26), Haiti (24), and Ecuador (20).
Countries with codified constitutions typically give the constitution supremacy over ordinary statute law. This means that if there is a conflict between a legal statute and the codified constitution, a court can declare all or part of the statute to be unconstitutional. In contrast, uncodified constitutions lack protection against amendment by the government. For example, the UK's uncodified constitution has been modified frequently, allowing for a pragmatic approach to governance. Proponents of the UK's uncodified constitution argue that it allows for a more flexible and democratic system, where each generation can influence the constitution through their elected representatives.
However, critics of uncodified constitutions argue that they can lead to abuse of power and create confusion and ambiguity. They claim that clearly stating how the political system operates in a single document would enable better governance and citizen engagement. Additionally, exceptional procedures are often required to amend a codified constitution, which can provide stability and continuity to the political system.
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The Constitution of India is the world's longest written constitution
The original text of the Constitution, composed between 1947 and 1950, contained 395 articles in 22 parts and 8 schedules. It came into effect on 26 January 1950, and the country celebrates this day each year as Republic Day. The number of articles has since increased to 448 due to over 100 amendments. The Indian Constitution is also the world's most frequently amended national governing document.
The English language version of the Indian Constitution is around 145,000 words long, though some sources place it at 146,385 words. It is hand-written, with each page decorated by artists from Shantiniketan, including Beohar Rammanohar Sinha and Nandalal Bose. Its calligrapher was Prem Behari Narain Raizada. The original constitution is kept in a nitrogen-filled case at the Parliament Library Building in New Delhi. Two copies are also 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. The Dominion of India became the Republic of India, and the constitution declared India a sovereign, socialist, secular, and democratic republic. It assures its citizens justice, equality, and liberty and endeavours to promote fraternity.
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Frequently asked questions
The Dominican Republic has had 32 constitutions, the largest number of constitutions of any country since its independence in 1844.
Yes, three other countries, all in Latin America, have had 20 or more constitutions throughout their history: Venezuela (26), Haiti (24), and Ecuador (20).
High constitutional turnover within a given country is often the result of dramatic political changes, such as revolutions.
The Constitution of India is the longest written constitution of any country in the world, with 146,385 words in its English-language version.
An entrenched clause, found in the constitutions of countries like the US, Germany, and Turkey, makes certain amendments more difficult or impossible to pass.
