Simone Lawson
Constitutions are the foundation of nations, outlining fundamental principles, governmental powers, and citizen rights. While some have endured for centuries, the oldest constitution still in use is a topic of debate. The Republic of San Marino's constitution dates back to 1600 and is the oldest surviving constitution, but it is uncodified, meaning it is not a single document but a series of six books written in Latin. Thus, the United States Constitution, ratified in 1788 and implemented in 1789, is often cited as the oldest. Other old constitutions include the United Kingdom's Magna Carta from 1215, Poland's from 1791, and Canada's Constitution Act of 1867.
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What You'll Learn
- San Marino's constitution is the oldest, dating back to 1600
- The US Constitution is one of the oldest and most influential
- Belgium's Constitution was inspired by French and Dutch constitutions
- The UK has the oldest constitution if the Magna Carta is counted
- Canada's Constitution outlines its system of government
San Marino's constitution is the oldest, dating back to 1600
San Marino's constitution, dating back to 1600, is the oldest in the world. The small republic, nestled in the Apennine Mountains, has maintained its constitutional framework for centuries. San Marino's constitution, or the "Statutes of 1600", is comprised of six books written in Latin. It outlines the organisation of its government, the rights of its citizens, and the principles that guide this ancient microstate.
San Marino's constitution is uncodified, meaning it is not a single document but a compilation of multiple documents. This is why the United States Constitution, a single text document, is often cited as the oldest. However, San Marino's current legal system is still based on its 1600 Constitution, making it the oldest existing constitution.
The debate around the oldest constitution is ambiguous, as the definition of a country's constitution varies. Some historians and legal scholars abstain from recognising San Marino's constitution as the oldest surviving national constitution. They argue that the multiple texts that define San Marino's governance and laws do not fall under the category of a constitution.
The United States Constitution, ratified in 1788 and introduced in 1789, is one of the oldest and most well-known constitutions still in place. It established a framework for federal government, outlined the separation of powers, and enshrined individual rights. The United Kingdom's Magna Carta, dating back to 1215, is also considered by some as the oldest existing constitution.
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The US Constitution is one of the oldest and most influential
The US Constitution is one of the oldest in the world, dating back to 1787. It was ratified in 1788 and came into operation in 1789. It is also one of the most influential, impacting legal thinking and constitutional development worldwide. Its influence can be seen in similarities of phrasing, borrowed passages, and principles such as the rule of law, separation of powers, and recognition of individual rights in other nations' constitutions.
The US Constitution's impact stems from its introduction of novel concepts such as checks and balances, separation of powers, and defining those powers. It also established a system of representative government, with rule by popular consent and laws drafted by elected representatives, rather than a sovereign or monarch. This was a significant departure from the governing systems of older nations in the 18th century.
The US Constitution's influence can be observed in the work of historical figures such as Abraham Lincoln during the American Civil War, Benito Juarez of Mexico, Jose Rizal of the Philippines, and Sun Yat-sen of China. It has also influenced the drafting of the Australian Constitution. Additionally, the American experience of fundamental law with amendments and judicial review has motivated foreign constitutionalists to reconsider the possibilities for their nations.
The US Constitution was itself influenced by Enlightenment thinkers such as John Locke, whose ideas about natural rights—life, liberty, and property—laid the groundwork for modern democracy. Locke's emphasis on social contract and government by consent reinforced the notion that legitimate governmental power derives from the people. Montesquieu's doctrine of the separation of powers and Voltaire's advocacy for civil liberties, including freedom of speech and religion, also played a significant role in shaping the US Constitution.
The US Constitution's enduring influence is evident, despite some scholars arguing that its influence has been waning since the 1980s as countries create new constitutions or update older ones. Nonetheless, its impact on legal thinking and constitutional development has been profound, and it continues to be a significant document in the history of governance.
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Belgium's Constitution was inspired by French and Dutch constitutions
The oldest constitution still in use is a topic of debate. The United States Constitution, which came into force in 1789, is one of the oldest written constitutions still in use today. The United Kingdom's constitution, which includes the Magna Carta from 1215, is the oldest if you count uncodified constitutions. The Republic of San Marino has the oldest surviving written constitution, dating back to 1600, but it is not a single document and some do not consider it a constitution.
Belgium's 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. It was created after Belgium's independence from the United Kingdom of the Netherlands in 1830. An elected National Congress was convened in November 1830 to devise a political order for the new state. The Congress voted in favour of a constitutional monarchy as the form of government. The Belgian Constitution established Belgium as a parliamentary monarchy with three levels of government: the legislative, the executive, and the judiciary. It also provided rights and freedoms to its citizens, including equality before the law, freedom of expression, and freedom of religion. The Belgian Constitution has been amended several times since its creation, with the most recent major change being the introduction of the Court of Arbitration, which later became the Constitutional Court.
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The UK has the oldest constitution if the Magna Carta is counted
The UK has one of the oldest constitutional systems in the world, dating back over a thousand years. The British constitution is the source of modern concepts of the rule of law, parliamentary sovereignty, and judicial independence.
The UK constitution is uncodified, meaning it is not a single document but is instead made up of various statutes, judicial precedents, conventions, treaties, and historical documents. The earliest date in the history of the UK's constitution is 1215, when the Magna Carta, or the 'Great Charter of the Liberties of England', was signed. This limited the power of the king, making him subject to the law of the land, and guaranteeing the rights of 'common' people.
The UK's constitution has gradually developed in response to various crises. For example, the first parliament was formed in 1258, and in 1689, the Bill of Rights and the Claim of Right Act cemented Parliament's position as the supreme law-making body. The UK's constitution has continued to evolve, with significant constitutional changes occurring in the 20th century, such as the introduction of universal suffrage for adults and the establishment of the National Insurance system.
While the UK's constitution is one of the oldest, it has been argued that it lacks an effective separation of powers, and that parliamentary sovereignty allows Parliament to overrule fundamental rights. This has led to calls for a written constitution to clarify the position of Parliament.
If the Magna Carta is counted as part of the UK's constitution, then it is the oldest in the world. However, the Republic of San Marino's constitution, comprised of six books written in Latin, came into effect in 1600 and is considered the oldest surviving codified constitution.
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Canada's Constitution outlines its system of government
The Constitution of San Marino, written in Latin and contained in six books, dates back to 1600 and is the oldest constitution in the world that is still in use. However, it is not codified, meaning that not all its elements are law. Due to this reason, the United States Constitution, ratified in 1788 and introduced in 1789, is often cited as the oldest.
Canada's Constitution was "patriated" from the United Kingdom in 1982, meaning that major changes could only be made by the UK Parliament. The last amendment was made in 1982, which included a long section known as the Canadian Charter of Rights and Freedoms, outlining the civil rights of each Canadian citizen. The 1982 Act also describes the process of amending constitutional laws.
Canada's Constitution sets forth the system of fundamental laws and principles that outline the nature, functions, and limits of Canada's system of government, both federal and provincial. It prescribes which powers—legislative, executive, and judicial—may be exercised by which level of government and sets limits on those powers. Executive authority is formally vested in the Crown (the Sovereign) and is exercised by the Governor General, acting on the advice of the Prime Minister and the Cabinet. The Constitution also includes provisions relating to the judicial branch of the government, composed of judges.
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Frequently asked questions
The Republic of San Marino has the oldest surviving constitution in the world, dating back to 1600.
No, the constitution of San Marino is uncodified, meaning it is not a single document but a series of six books written in Latin, collectively referred to as the "Statutes of 1600".
The United States Constitution, ratified on 21 June 1788, is considered the second oldest constitution still in use.
The US Constitution established the framework for the federal government, delineated the separation of powers, and enshrined individual rights. It also includes the Bill of Rights, which guarantees fundamental freedoms such as freedom of speech, religion, and due process.
Yes, several other countries have old constitutions that are still in use, including Canada (1867), the Netherlands (1814/1815), Belgium (1831), and Norway (1814).
