The World's Longest-Standing Constitutions: A Global Perspective

Constitutions are the cornerstone of nations, outlining fundamental principles, governmental powers, and citizen rights. While some have endured for centuries, others have emerged in the crucible of conflict. The United States Constitution, ratified in 1788, is often considered the oldest constitution in the world because not all of San Marino's Constitution, which dates back to 1600, is codified. The US Constitution has influenced the constitutions of many other countries, including Norway, which adopted its constitution in 1814, and Australia, which gained independence in 1901.

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The United States Constitution

The framers of the Constitution separated the powers of government into three branches, granting legislative power (the power to pass laws) to Congress, executive power (the power to administer the laws) to the president, and judicial power (the power to interpret and enforce the laws) to the courts. This separation of powers ensures that no one person or group of persons can create, administer, and enforce the laws, and that each branch acts as a check on the power of the other two branches.

San Marino's Constitution

The Constitution was last amended in 2002, when the Declaration of Citizen Rights from 1974 was updated. The 1974 Declaration, signed into law by the Captains-Regent, outlines the fundamental principles of the juridical order of San Marino. It begins with a repudiation of war and states that the people are sovereign. It also establishes the separation of powers and guarantees citizens' rights, including equality, inviolability, freedom, and universal suffrage.

The 2002 amendment provided further constitutional detail on the organisation of the government and established the Guarantors' Panel on the Constitutionality of Rules, a court responsible for ensuring that laws comply with the Declaration of Rights.

While San Marino's Constitution is nearly 200 years older than the United States Constitution, the latter is often considered the oldest because not all of San Marino's Constitution is codified. The US Constitution has been amended 27 times and has influenced the constitutions of many other countries.

Norway's Constitution

The Norwegian Constituent Assembly wrote the Constitution at Eidsvoll during the spring of 1814, and it was ratified on May 16, 1814, before being signed the following day. The latter date, May 17, is Norway's National Day, commemorating the establishment of the constitution. The Constitution was inspired by the United States Declaration of Independence in 1776 and the French Revolution in 1789.

The Constitution guarantees freedom of religion for all inhabitants of the realm and establishes the Church of Norway, an Evangelical-Lutheran church, as the state church. It outlines the succession process for the monarchy, with the King or Queen required to swear an oath to govern in accordance with the Constitution and Laws. The King or Queen is also responsible for the collection of taxes and duties imposed by the Storting.

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Australia's Constitution

The Constitution was drafted between 1891 and 1898 at a series of conventions conducted by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania. The 1891 draft was submitted to colonial parliaments, but it lapsed in New South Wales, leading to other colonies being unwilling to proceed. In 1895, the six premiers of the Australian colonies agreed to establish a new convention by popular vote, which met over the course of a year from 1897 to 1898. This convention produced a new draft that contained substantially the same principles of government as the 1891 draft but with added provisions for responsible government.

The final draft of the Constitution was approved by each state in a series of referendums from 1898 to 1900 and then by the British Parliament in 1900. The Constitution came into effect on January 1, 1901, at which point the six colonies became states within the new Commonwealth of Australia.

The Constitution is the primary, but not exclusive, source of Australian constitutional law. It can only be amended by referendum, requiring a double majority: a nationwide majority and a majority of voters in a majority of states. Only eight of the 45 proposed amendments put to a referendum have passed. There are significant contemporary debates around proposals to amend the document to recognize Indigenous Australians and to become a republic.

Belgium's Constitution

The Belgian Constitution of 1831 established Belgium as a constitutional monarchy with a bicameral legislature. It also guaranteed the freedoms of expression, education, religion, and the press. However, the franchise was limited by a property tax qualification, and the constitution placed the Catholic Church in a privileged position, despite mandating the separation of church and state.

The Constitution recognizes the sovereignty of the people and establishes a parliamentary monarchy with a separation of powers. The legislative power is vested in the House of Representatives and the Senate, who must approve legislation, while the King must proclaim and ratify these laws. The executive power is assigned to the King and his ministers, but the responsibility for government policy rests with the ministers, who are accountable to Parliament. The judicial power is vested in the courts, with the judges only removable by a court judgment.

The Belgian Constitution has been amended several times since its creation. In 2003, the Court of Arbitration was introduced, with its competencies expanded to include certain articles of the Constitution. This court was redesignated as the Constitutional Court in 2007 and has the authority to examine whether laws and decrees comply with the Constitution.

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