Simone Lawson
The world's shortest and oldest written constitutions are topics of interest for many. The US Constitution is generally considered the world's oldest written national constitution still in use, while the Constitution of Monaco is the shortest. The US Constitution, drafted in 1787, has served as a source of wisdom and inspiration, surviving civil wars, economic depressions, and even terrorist attacks. On the other hand, Monaco's constitution, established in 1962, consists of 3,814 words, shaping the governance of the tiny nation nestled along the French Riviera.
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What You'll Learn
- The US Constitution is the oldest written national constitution still in use
- The Constitution of Monaco is the shortest written constitution
- The Constitution of San Marino is the oldest active uncodified constitution
- Japan has the oldest unamended constitution
- The Myanmar 2008 Constitution was drafted over 17 years
The US Constitution is the oldest written national constitution still in use
The US Constitution, first drafted in 1787, is the oldest written national constitution that is still in use. It was ratified in 1788 and the US government began operating under it in 1789. Since then, it has survived civil war, economic depressions, assassinations, and terrorist attacks.
The US Constitution is a vital and living document, strengthened by amendments, serving as both a guide and protector of US citizens and their elected officials. It has been amended 33 times, with the most recent amendment being ratified in 1992. In total, there have been more than 11,600 proposals to amend the Constitution.
The US Constitution is a group effort of some of the country's greatest minds, with the bulk of the document credited to one Founding Father. It consists of 7,762 words and creates a system of checks and balances that limit the powers of each branch of government.
While the US Constitution is the oldest codified constitution still in use, the oldest uncodified constitution is that of San Marino, which has been in continuous use since 1600. The oldest unamended constitution in the world is that of Japan.
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The Constitution of Monaco is the shortest written constitution
The constitution also defines the line of succession to the Monegasque throne, which was modified on 2 April 2002. Judicial power is invested in the prince, who delegates judicial procedures to the various courts, which dispense justice in his name. The independence of the judges is guaranteed by the constitution. The Supreme Court of Monaco is composed of five chief members and two assistant judges named by the prince on the basis of nominations by the National Council and other government bodies.
The National Council is independent of the prince, but it requires the signature of the prince for any of its proposed laws. According to the 1962 constitution, the judicial powers are also vested in the prince, who can delegate judicial procedures to the courts. The constitution is written in French but has been translated into English. In case of a difference between the two languages, the French version takes precedence.
The Constitution of Monaco is divided into 12 chapters, which are further divided into 96 articles. In total, the constitution has 3,814 words. The first chapter of the constitution highlights the public power of the principality, while the second chapter deals with the succession to the throne. By comparison, the longest constitution is that of India, which has 146,385 words.
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The Constitution of San Marino is the oldest active uncodified constitution
The Constitution of San Marino is considered the oldest active uncodified constitution in the world. It is distributed across several legislative instruments, with the most notable being the Statutes of 1600 and the Declaration of Citizen Rights of 1974, which was amended in 2002. The Constitution of San Marino is influenced by Roman customary law and Justinian I's Corpus Juris Civilis (529–534).
The Constitution of San Marino is not a single written document but a compilation of various source documents spanning multiple centuries. The core documents of this constitution have been in operation since as early as 1300, with the Statuti Comunali (Town Statute) serving as the foundation for the country's legal system. The current legal system of San Marino, which began on October 8, 1600, was established when the government gave binding force to a compilation of Statuti written by Camillo Bonelli. This compilation covered the institutions and practices of the Sammarinese government and justice system of that time.
The Statutes form the basis of all law in effect in San Marino today. The first book contains 62 articles and is constitutional in nature, outlining the various councils, courts, and administrative positions of San Marino, as well as the powers assigned to them. The last two articles explain how the law can be interpreted and altered, as well as how it should be promulgated. The second book, Civilium Causarum, contains 75 articles and covers civil law procedures, including subpoenas, evidence, witness examination, and judicial expenses.
On July 12, 1974, the Captains-Regent signed a law adopted by the Grand and General Council, which included a declaration of citizen rights and the fundamental principles of the juridical order of San Marino. This declaration asserts the sovereignty of the people and explains the applicability of the separation of powers doctrine to San Marino. It guarantees citizens' rights such as equality, inviolability, freedom, and universal suffrage. The 1974 law has been described as the fundamental law of the Republic, and it was amended in 2002 to include further constitutional details on government organisation and the establishment of the Guarantors' Panel on the Constitutionality of Rules.
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Japan has the oldest unamended constitution
The Constitution of Japan, also known as the Japanese Constitution, is the oldest unamended constitution in the world. It was drafted in 1946 by Allied Occupation officers after Japan's surrender in World War II. The constitution has a unique history, as it was imposed by the Allied Powers, specifically influenced by the Supreme Commander of Allied Powers, General Douglas MacArthur, who pressed for the disarmament and democratization of Japan. MacArthur rejected the conservative recommendations of the Matsumoto Commission, which sought to merely amend the previous Meiji Constitution, and instead ordered a completely new constitution to be drafted.
The Japanese Constitution was drafted in a remarkably short time frame of just one week, which may have contributed to its longevity without amendments. It is also relatively concise, with fewer than 5,000 words, making it the second-shortest constitution among democracies, after Iceland's. This brevity means that reforms that would require amendments in other constitutions can often be legislated by a simple parliamentary majority in Japan, reducing the need for formal amendments.
The Japanese Constitution guarantees individual rights, including legal equality, freedom of assembly, association, and speech, freedom of religion and thought, due process, and fair trial. Notably, Article 9 of the constitution renounces Japan's right to wage war and maintain a military, though it does retain a de facto military in the form of Self-Defense Forces and hosts a substantial U.S. military presence.
Amending the Japanese Constitution is a challenging process, requiring a two-thirds supermajority proposal in the Diet, followed by ratification in a national referendum by a simple majority. This high threshold may also contribute to the constitution's longevity without amendments. Despite efforts to revise certain articles, particularly Article 9, the Japanese Constitution remains unaltered, standing as the world's oldest unamended constitution.
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The Myanmar 2008 Constitution was drafted over 17 years
The US Constitution is the oldest written national constitution still in use, having been ratified in 1789. It is also the oldest active codified constitution. The Constitution of San Marino might be the world's oldest active written constitution, as some of its core documents have been in operation since 1600.
The Myanmar 2008 Constitution is the country's third constitution, following the 1947 and 1974 constitutions, which were rendered invalid after military coups. The 2008 Constitution was published in September 2008 and came into force on 31 January 2011. It was secretly drafted over a period of more than 17 years, which is an unusually long time for a constitution to be drafted. The National Convention, which was attended by 1076 delegates and representatives from 25 ethnic ceasefire groups, began on 17 May 2004 and concluded with the adoption of fundamental principles for a 54-member constitution drafting commission. On 19 February 2008, the commission announced that the constitution had been finalised, and a referendum was held on 10 May 2008.
The Myanmar Constitution has 15 chapters, and it reserves 25% of seats in parliament for members of the military, with the most powerful posts given to active-duty or retired generals. The ministries of home, border affairs, and defense must be headed by a serving military officer, and the military also appoints one of the country's two vice presidents. The Tatmadaw (Myanmar Armed Forces) retain significant control of the government under the 2008 Constitution, even before their 2021 coup.
The average time taken to draft a constitution is around 16 months, and the historical life expectancy of a constitution is approximately 19 years. However, many constitutions do not last more than 10 years, and around 10% do not make it past a year.
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Frequently asked questions
Monaco has the shortest written constitution in the world, with 3,814 words.
India has the longest written constitution, with 146,385 words.
The US Constitution is the oldest written constitution still in use. It was ratified in 1789 and came into force on March 4, 1789.
Japan has the oldest unamended constitution in the world.
San Marino has the oldest written constitution that is still governing a sovereign nation. The Leges Statutae Republicae Sancti Marini was written in 1600 and has been in continuous use since then.
