Isabella Carter
Constitutions outline the legal systems of a country and detail its citizens' rights. While the Constitution of San Marino dates back to 1600 and is the oldest in the world, it is uncodified, meaning not all of its elements are law. The United States Constitution is often considered the oldest constitution in the world because it is codified and has been in continuous use since its ratification on June 21, 1788.
Explore related products
What You'll Learn
- The United States Constitution is often considered the oldest
- The San Marino Constitution is nearly 200 years older than the US Constitution
- The Belgian Constitution was inspired by French and Dutch constitutions
- The Constitution of India is the longest written constitution
- The Constitution of Monaco is the shortest written constitution
The United States Constitution is often considered the oldest
However, the Constitution of San Marino, which dates back to 1600, is also considered by some to be the oldest constitution in the world. This is because, while the US Constitution is codified, meaning it is contained in a single document, San Marino's constitution is uncodified, and so not all of its elements are law. San Marino's constitution is made up of multiple source documents across multiple centuries. It was written in Latin and contained in six books. The country's current legal system is still based on this 1600 constitution, and it was last amended in 2002 when the Declaration of Citizen Rights from 1974 was updated.
Other old constitutions include the Belgian Constitution, approved on February 7, 1831, and the Canadian Constitution, written in 1867. The Indian Constitution is the longest written constitution of any country in the world, with 146,385 words in its English-language version, while the Constitution of Monaco is the shortest, with 3,814 words. Japan has the oldest unamended constitution in the world.
The Constitution of Trinidad and Tobago: A Historical Overview
You may want to see also
The San Marino Constitution is nearly 200 years older than the US Constitution
The Constitution of San Marino, Statuta Decreta ac Ordinamenta Illustris Reipublicae ac Perpetuae Libertatis Terrae Sancti Marini, dates back to 1600 and has been in continuous use since then, making it nearly 200 years older than the US Constitution. San Marino's Constitution was written in Latin and contained in six books. It is the world's oldest existing constitution, though it is uncodified, meaning not all of its elements are law.
The US Constitution, on the other hand, is often considered the oldest constitution in the world because San Marino's Constitution is uncodified. The US Constitution was ratified on June 21, 1788, after nine of the 13 original states signed. It went into effect the following March, and a new government was established. It is a permanent constitution and has influenced the constitutions of several other countries.
The San Marino Constitution is uncodified, meaning it is not contained in a single document but consists of several source documents across multiple centuries. It is made up of multiple written and unwritten sources, including constitutional conventions, which are almost always written down but are not enforceable in law. The US Constitution, on the other hand, is a codified constitution, contained in a single document, which is the single source of constitutional law in a state.
The San Marino Constitution was last amended in 2002 when the Declaration of Citizen Rights from 1974 was updated. The US Constitution has been amended 27 times, with the first ten amendments collectively known as the Bill of Rights.
England's Unwritten Constitution: A Historical Oddity?
You may want to see also
The Belgian Constitution was inspired by French and Dutch constitutions
The United States Constitution is often considered the oldest constitution in the world, as it was ratified on the 21st of June, 1788, and influenced the constitutions of several other countries. However, the Constitution of San Marino, which consists of multiple source documents, is nearly 200 years older than the US Constitution.
The Belgian Constitution, which dates back to 1831, was inspired by the French constitutions of 1791, 1814, and 1830, the Dutch constitution of 1814, and English constitutional law. The Belgian Constitution was approved on the 7th of February, 1831, after the National Congress first gathered in November 1830 to discuss establishing a new government. The Belgian Constitution is an original document that established Belgium as a parliamentary monarchy with three levels of government: the legislative, the executive, and the judiciary. The constitution also outlines the rights and freedoms of Belgian citizens, including equality before the law, freedom of speech, religion, education, and the press, and protection of property rights and mail confidentiality.
The French influence on the Belgian Constitution is evident in its recognition of national sovereignty and the right to vote. The concept of national sovereignty, derived from French constitutional theory, is reflected in Article 33 of the Belgian Constitution, which states that all powers are derived from the 'Nation' rather than the 'People'. While the original constitution introduced universal voting, it was limited to certain taxpayers. Over time, suffrage was expanded to include all men in 1918 and extended to women in 1948.
The Belgian Constitution also demonstrates the influence of English constitutional law in its approach to the rule of law. The Belgian concept of the rule of law is influenced by the classic French notion developed during the Enlightenment, focusing on protection against arbitrary power. This notion aligns with English constitutional law, which emphasises limiting the arbitrary use of power by public authorities.
Cuba's Constitution: A Historical Overview
You may want to see also
Explore related products
The Constitution of India is the longest written constitution
The United States Constitution, ratified on 21 June 1788, is often considered the oldest constitution in the world. However, the Constitution of San Marino, which dates back to 1600, is nearly 200 years older. Nevertheless, the US Constitution is frequently cited as the oldest because not all of San Marino's Constitution is codified.
The Constitution of India, on the other hand, is the longest written constitution of any sovereign state in the world. Composed between 1947 and 1950, it came into effect on 26 January 1950, which is celebrated as Republic Day in India. The original text of the Constitution contained 395 articles in 22 parts and eight schedules. However, due to over 100 amendments, the number of articles has increased to 448. The Indian Constitution is significantly longer than the US Constitution, with 145,000 words compared to the latter's 4,400.
The Indian Constitution is the supreme legal document of India and lays down the framework for the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out fundamental rights, directive principles, and the duties of citizens. The Constitution declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty, and promoting fraternity.
The original 1950 Constitution is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi. Two handwritten copies of the Indian Constitution were also produced, one in English and the other in Hindi, which are kept in helium-filled cases in the library of the Parliament House. The Indian Constitution has been criticised for its length, with some arguing that it is "unwieldy and incomprehensible" and has led to a lack of unanimity in understanding the rules. However, others defend it as a reflection of India's diversity and the need to address various concerns.
Understanding the Constitution: Reading Level and Complexity
You may want to see also
The Constitution of Monaco is the shortest written constitution
The United States Constitution, which was ratified on 21 June 1788, is often considered the oldest constitution in the world. However, this title is contested as the Constitution of San Marino dates back to 1600 and is the oldest active uncodified constitution. The US Constitution, on the other hand, is the oldest active codified constitution.
While the length of a constitution is not indicative of its efficacy, it is interesting to note that the shortest and longest written constitutions belong to two of the smallest nations by area. The Constitution of Monaco, adopted in 1962 during the reign of Prince Rainier III, is the shortest written constitution in the world, with 3,814 words. In contrast, the Constitution of India, which went into effect in January 1950, is the longest written constitution, with 146,385 words in its English-language version.
The Monegasque constitution was established in a diminutive principality, which has since become famous as a playground for the rich. Interestingly, Monaco received its first constitution in 1911, granted by Prince Albert I. The current constitution, consisting of just under four thousand words, outlines the legal system and details the rights of Monegasque citizens.
While the US Constitution is generally considered the world's oldest written national constitution still in use, it is worth noting that it has been amended several times. As of December 2014, over 11,600 proposals to amend the Constitution had been introduced in Congress since 1789, with 33 amendments approved by Congress and sent to the states for ratification.
The length of a constitution can vary significantly, and the time taken to draft one can range from extreme haste to painstaking deliberation. For example, Japan's 1946 Constitution was drafted in just one week, while the Myanmar 2008 Constitution was secretly drafted over 17 years. The average time taken to draft a constitution is around 16 months, and the historical life expectancy of a constitution since 1789 is approximately 19 years.
Pakistan's Constitution: Written or Unwritten?
You may want to see also
Frequently asked questions
The United States Constitution, ratified on 21 June 1788, is often considered the world's first written constitution. It is the oldest active codified constitution.
A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state.
An uncodified constitution is one that is not contained in a single document but consists of several different sources, which may be written or unwritten.
San Marino has the oldest uncodified constitution in the world, with some of its core documents dating back to 1600.
