Eleanor Finch
Constitutions are the fundamental principles that determine how a country is governed and are commonly written down into a single document or set of documents. The world's oldest surviving constitution is that of San Marino, dating back to 1600. However, it is comprised of a series of six books written in Latin, and some historians abstain from recognising it as the oldest surviving constitution. The United States Constitution is the oldest active codified constitution, coming into force in 1789, and is the shortest documented constitution in the world. The United Kingdom has the oldest existing constitution if you count the Magna Carta from 1215. Other old constitutions include those of Australia, drafted in the 1890s, and Belgium, adopted in 1831.
| Characteristics | Values |
|---|---|
| Country with the oldest constitution | San Marino |
| Date of the constitution | 8 October 1600 |
| Type of constitution | Uncodified, comprised of multiple source documents across multiple centuries |
| Number of documents | Six books written in Latin, collectively referred to as the "Statutes of 1600" |
| Country with the second-oldest constitution | United States |
| Date of the constitution | Ratified on 21 June 1788, came into force in 1789 |
| Type of constitution | Codified, single text document |
| Country with the third-oldest constitution | Poland |
| Date of the constitution | 3 May 1791 |
| Type of constitution | Codified |
| Country with the fourth-oldest constitution | Norway |
| Date of the constitution | 17 May 1814 |
| Type of constitution | Codified |
| Country with one of the oldest constitutions | Australia |
| Date of the constitution | Came into effect on 1 January 1901 |
| Type of constitution | Codified |
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What You'll Learn
San Marino – the oldest surviving constitution
San Marino, a tiny country nestled in the Apennine Mountains, is a constitutional republic that claims to be the oldest extant sovereign state. It is named after Saint Marinus, a legendary stonemason from the island of Rab in present-day Croatia, who is said to have founded a monastic community on Monte Titano in 301 AD. San Marino has a unique constitutional structure: a democratically elected legislature called the Grand and General Council selects two heads of state, known as Captains Regent, every six months. These are chosen from opposing political parties and serve concurrently with equal powers.
San Marino's constitution, which dates back to the year 1600, is considered the oldest surviving constitution in the world. The Statutes of 1600 are still central to its constitutional framework. The country was originally led by the Arengo, made up of the heads of each family. In the 13th century, power was transferred to the Grand and General Council, which nominated the first two Captains Regent in 1243. The Council is a unicameral legislature with 60 members, elected every five years by proportional representation across all nine administrative districts.
The Constitution of San Marino is based on the Statuti Comunali (Town Statute) that has been in place since around 1300. The Statutes form the basis of all law in effect today and are thus considered the oldest constitution of any existing nation. The first book contains 62 articles of a constitutional character, describing the various councils, courts, and administrative positions, including the Captains-Regent, and their powers. The last two articles explain how the law is to be interpreted and amended. The second book, Civilium Causarum, contains 75 articles, the first half of which outlines civil law procedures.
On July 12, 1974, the Captains-Regent signed a law containing a declaration of citizen rights and the fundamental principles of the juridical order of San Marino. This declaration, which was amended in 2002, is considered the fundamental law of the Republic. It guarantees citizens rights such as equality, inviolability, freedom, and universal suffrage. In recent years, San Marino has also made constitutional amendments to protect the rights of LGBTQ+ citizens.
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United States – the second oldest
The United States Constitution is the second oldest in the world, and the oldest active codified constitution. It was signed on September 17, 1787, ratified in 1788, and introduced in 1789. The US Constitution is considered a cornerstone of democratic governance, establishing the framework for the federal government, delineating the separation of powers, and enshrining individual rights.
The drafting of the US Constitution was a product of dramatic political change, specifically the American Revolutionary War. The Articles of Confederation, approved by the Second Continental Congress in 1777 and ratified by all 13 states, served as a "working document" during this period. However, it became apparent that a more robust central government was needed to provide order and stability.
The Constitutional Convention, which began in 1786, was convened to address this need. Delegates from various states, including James Madison and Alexander Hamilton, played a pivotal role in shaping the Constitution. Madison, in particular, advocated for a strong central government while maintaining state power where it was "subordinately useful." The proposed Constitution faced opposition from anti-Federalists, who criticised the lack of a bill of rights and the potential encroachment on state sovereignty.
The final document established a federal government, outlined the separation of powers, and guaranteed individual freedoms, including freedom of speech, religion, and due process. The Bill of Rights, added in 1791, further solidified these fundamental freedoms. The US Constitution has had a significant impact on the country's political system and continues to be a living document that adapts to the changing needs of American society.
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Australia – one of the oldest
Australia's constitution, also known as the Commonwealth Constitution, is one of the oldest in the world. It came into effect on January 1, 1901, marking the birth of the Commonwealth of Australia. The constitution is the fundamental law that governs Australia's political structure, establishing the country as a federation under a constitutional monarchy with a parliamentary system.
The history of Australia's constitution dates back to the late 19th century, when the six self-governing British colonies in Australia—New South Wales, Victoria, Queensland, Western Australia, South Australia, and Tasmania—began a series of conventions to discuss federalism and draft a constitution. The 1891 draft, created under the guidance of Sir Samuel Griffith, faced challenges due to its omission of critical issues and lack of popular support. However, it laid the groundwork for subsequent efforts.
In 1895, the premiers of the Australian colonies agreed to establish a new convention by popular vote, and from 1897 to 1898, they met to produce a new draft. This version retained the principles of government from the 1891 draft but included provisions for responsible government. The final draft was approved by each state through referendums from 1898 to 1900, and it was then transmitted to London, where minor modifications were made before its enactment as part of the Commonwealth of Australia Constitution Act 1900.
Australia's constitution is a written document with eight chapters that outline the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government, and the Judicature. While it is the primary source of Australian constitutional law, it operates alongside other documents and interpretations, such as constitutional conventions, state constitutions, and judicial rulings by the High Court of Australia. Amending the constitution requires a rigorous process, including a double majority in a nationwide referendum, underscoring the document's significance in shaping the nation's governance.
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Belgium – adopted in 1831
Belgium's constitution, first adopted in 1831, was a product of the country's struggle for independence from the Netherlands. It established Belgium as a constitutional monarchy with a bicameral parliament, and a unitary state organised at three levels: national, provincial, and municipal. The constitution emphasised linguistic and regional diversity, reflecting the complexities of a multilingual nation.
The Belgian constitution was a compromise between landowners and the clergy on one side, and the liberal middle class on the other. It mixed radical liberal aspects with a conservative ethos, inspired by French and Dutch constitutions and English constitutional principles. The document was a highly visible national symbol of Belgian nationalism throughout the 19th century and inspired contemporary liberal movements in other European countries, including Denmark.
The constitution guaranteed the freedoms of expression, education, religion, and of the press, though the franchise was limited by a property tax qualification. It also placed the Catholic Church in a privileged position, maintaining its independence while mandating the separation of church and state. The Belgian constitution of 1831 codified several conventions long established in the United Kingdom, resembling a "written reproduction of the English constitution", according to British legal theorist A.V. Dicey.
The official version of the 1831 constitution was written in French, with an official Dutch version only adopted in 1967, and a German version in 1991. The original constitutional document is currently in the archives of the Belgian Federal Parliament. While the Belgian constitution has undergone significant amendments, it remains a symbol of national identity and pride.
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Luxembourg – dates back to 1868
Luxembourg's constitution dates back to 17 October 1868, when the country was recognised as an independent state. This constitution is considered to be a living, evolving document and has been amended many times to adapt to the changing times. It is one of Europe's oldest written constitutions that remains in force, with 121 articles dedicated to describing the role of the Grand Duke, the rights and liberties of citizens, and the separation of powers in the State.
The country's journey to its current constitution was marked by political instability from 1815 to 1868, during which Luxembourg was governed by five different constitutional documents. The recognition of Luxembourg as an independent state in 1868 led to the revision of the fifth Constitution of 1856. William III agreed to grant a more liberal constitution, which constituted the foundation of the modern 1868 Constitution.
The 1868 Constitution confirmed Luxembourg as an "independent, indivisible, inalienable and eternally neutral" state, with a constitutional monarchy and a system of parliamentary democracy. It outlines the roles of the executive, legislative, and judicial branches of the government, as well as the Conseil d'Etat, responsible for moderating parliamentary procedure.
The constitution also enshrines civil liberties, including freedom of speech and religion, and guarantees equality for all Luxembourgers before the law. It provides for the acquisition and loss of Luxembourger status, as well as the conditions for the exercise of political rights. Additionally, it establishes the Grand Duchy of Luxembourg as a democratic, free, and independent state, with defined boundaries and administrative districts.
Luxembourg's constitution has served as a blueprint for this small European nation, balancing the powers of the Grand Duke, the government, and the Chamber of Deputies. While it has undergone revisions over time, the core principles established in 1868 continue to form the basis of Luxembourg's governance today.
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Frequently asked questions
The Republic of San Marino has the oldest surviving Constitution in the world, dating back to 1600. It is made up of a series of six books written in Latin, collectively referred to as the "Statutes of 1600".
The United States has the second-oldest constitution, which came into force in 1789, following its initial ratification in 1788.
The United Kingdom has the oldest existing constitution if you count the Magna Carta from 1215.
