Simone Lawson
A constitution is a legal document that outlines a country's government structure and the basic principles of ruling and governing a nation. Constitutions can be codified or uncodified, with the former being written in a single document and often arising from significant political change. Poland's Constitution of May 3, 1791, is considered the world's second-oldest modern constitution and the oldest in Europe. The document was only in effect for a year due to the Russo-Polish War of 1792, but it remains historically significant, with May 3 recognized as a Polish national and public holiday.
| Characteristics | Values |
|---|---|
| Date of Codification | 3 May 1791 |
| Country | Poland |
| Date Ratified | 21 June 1788 |
| Last Amended | 5 May 1992 |
| Government Type | Federal presidential constitutional republic |
| Authors | Ignacy Potocki, Hugo Kołłątaj, King Stanisław August Poniatowski, Stanisław Małachowski, Stanisław Staszic, Scipione Piattoli |
| Modern Authors | Komisja Konstytucyjna, Zgromadzenia Narodowego |
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What You'll Learn
Poland's Constitution of 3 May 1791
The Polish Constitution of 1791 was also translated into French, German, and English. Many prominent figures, including Thomas Paine and Edmund Burke, praised Poland's progressive thinking and democratic spirit. The political achievement represented by the constitution played an important role for Polish citizens living in their occupied homeland after World War I. It was an important factor in keeping the flame of democracy alive, eventually leading to the restoration of Poland's independence in 1918. At this time, the May 1791 Constitution was revisited, updated, and revised.
May 3rd is a Polish national and public holiday, demonstrating the enduring significance of the constitution in Poland's history and its impact on the country's political and social development. The constitution's influence extended beyond Poland, as it shared notable similarities with the French Constitution of 1791, which was ratified around the same time. The Belgian Constitution, approved in 1831, was also inspired by the French Constitution of 1791, showcasing the cross-border impact of these early constitutional developments in Europe.
In conclusion, Poland's Constitution of 3 May 1791 holds a significant place in the country's history and European constitutionalism. It represented a remarkable political achievement, nurturing democratic aspirations and influencing constitutional thinking both within Poland and beyond. The document's legacy continued to inspire generations of Poles, contributing to the restoration of the country's independence and shaping Poland's political and legal landscape.
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France's 1791 Constitution
The first codified constitution in Europe was France's 1791 Constitution, a pivotal document that not only shaped France's political future but also influenced the development of democratic ideals across the continent. This constitution was a product of the French Revolution, a period of immense social, political, and cultural upheaval. It marked a significant departure from the absolute monarchy that had characterized French rule for centuries and laid the foundation for a new, more democratic system of governance.
The constitution was drafted by the National Assembly, which had been formed in 1789 in the early days of the Revolution. This assembly, composed largely of middle-class representatives, sought to create a political system that reflected the ideals of the Enlightenment and responded to the demands of the French people for greater political participation and equality. The constitution was formally adopted on September 3, 1791, and went into effect on October 1st of the same year.
One of the most significant aspects of the 1791 Constitution was its establishment of a constitutional monarchy. While it retained the monarchy, it significantly curtailed the king's powers, transforming him into a figurehead ruler. Executive power was vested in the monarch, but it was to be exercised through ministers who were responsible to the legislature. This legislature, known as the Legislative Assembly, was a key innovation, as it was the first time France had a body directly representative of the people.
The constitution also enshrined fundamental rights and freedoms for French citizens. It guaranteed freedom of speech, press, and religion, as well as the right to property and security. It abolished the feudal system, thereby eliminating the privileges of the nobility and the Catholic Church, and established a new system of administrative divisions, creating a more uniform and centralized state. The constitution also introduced a system of indirect elections, with citizens voting for electors who then chose the members of the Legislative Assembly.
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Belgium's Constitution inspired by France
The first codified constitution in Europe was written in Poland in 1791. This constitution is considered the world's second-oldest modern constitution and the oldest in Europe.
Belgium's constitution, approved on February 7, 1831, was inspired by several other documents, including French constitutions of 1791, 1814, and 1830, the Dutch constitution of 1814, and English constitutional law. The Belgian Constitution of 1831 was created after Belgium's secession from the United Netherlands and established Belgium as a parliamentary monarchy. It outlines the country's laws, government, and citizens' rights and freedoms. All Belgians are considered equal before the law, and no citizen can be denied their freedom without a court order. The constitution also established a three-level government: legislative, executive, and judiciary.
The Belgian Constitution's court structure, in particular, follows the French system due to French influence. The types of courts designated for cases are determined by the severity and size of the offense, similar to the French model. However, one difference is the usage of language in court, as Belgium has three official languages: French, Dutch, and German.
The Belgian Constitution also established Brussels as the capital and seat of government. It grants all Belgians the right to assemble peacefully and without arms, as well as the right to form associations. It ensures the secrecy of mail and provides for the resolution of competency conflicts and conflicts of interest. Additionally, it requires anyone wishing to run for the Senate to pay a substantial amount of tax and be at least 40 years old.
The Belgian Constitution has been described as a "constitutional cult" and a popular symbol of national identity. It has also inspired liberal movements in other European countries, such as Denmark, which adopted its first constitution in 1849 based on the Belgian model.
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Germany's first democratic constitution
The first constitutions in Europe were written in Poland and France in 1789. Poland's constitution, ratified in 1791, is considered the world's second-oldest modern constitution and the oldest in Europe.
The Weimar Constitution provided for a popularly elected President of the Reich, who was given extensive powers to serve as a counterweight to the Reichstag. The President had the right to dissolve the Reichstag and declare a state of emergency, as well as the power to enact emergency decrees. The constitution also introduced a system of proportional representation and, for the first time in German history, provided a firm foundation for democratic development.
The Weimar Constitution was subject to criticism for the large powers it conferred on the president and the system of proportional representation it introduced. However, its downfall within 14 years is attributed more to the course of events and the character of social forces in Germany than to constitutional defects. The German Reich, as it was re-established in 1919, was a democratic but not socialist republic.
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Characteristics of codified constitutions
Poland's Constitution of 3 May 1791 is considered the oldest codified constitution in Europe. In general, constitutions outline the legal systems of a country and detail its citizens' rights.
A codified constitution is one in which key constitutional provisions are provided for within a single written document. There are three key principles of a codified constitution:
- Authoritative: A constitution can be seen as a higher law than standard legislation. It sets out the rule by which the political institutions, including those who create the legislation, operate.
- Entrenched: A codified constitution is referred to as entrenched, meaning it is incredibly difficult to amend or abolish.
- Judiciable: As the constitution occupies a higher law, it allows other laws to be judged against it, determining whether or not they are constitutional. This function is performed by the judiciary.
With a codified constitution, there are clear advantages and disadvantages. The advantages include:
- Limited Government: The rules for the government are established, making it clear when the government oversteps its boundaries.
- Protection of Rights: Basic rights are enshrined in the constitution, such as freedom of speech, ensuring that legislation cannot infringe upon these rights.
- Clear Rules for Political Procedure: A codified constitution allows for the removal of precedent as a form of procedure, making things more clear-cut.
The disadvantages of a codified constitution include:
- Rigidity: Codified constitutions are notoriously difficult to amend or change. For example, the US Constitution has only had 27 amendments since 1787.
- Lack of Flexibility: Unlike an uncodified constitution, a codified constitution lacks the elasticity to adapt to new conditions or situations in government.
- Absence of Special Procedures: There are no specific procedures for making a constitutional law, and it is not inherently superior to other legislation.
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Frequently asked questions
Poland's Constitution of 3 May 1791 is considered the oldest in Europe and the world's second oldest modern constitution.
A codified constitution is a written document that outlines the government's structure and the basic principles of ruling and governing a nation.
May 3 is a Polish national and public holiday. The constitution was in effect for only one year due to the Russo-Polish War of 1792.
