Malcolm Rivera
A constitution is a legal document outlining a government's structure and the basic principles of ruling and governing a nation. Constitutions can be codified (written in a single document) or uncodified (written in several documents or unwritten). Most countries have a codified constitution, often as a result of dramatic political change. Examples of countries with codified constitutions include India, which has the longest written constitution in the world, Monaco, which has the shortest, and the United States, which has the oldest. On the other hand, the United Kingdom has an uncodified constitution, operating under the principle of parliamentary sovereignty.
| Characteristics | Values |
|---|---|
| Number of words | The length of written constitutions varies from 3,814 words (Monaco) to 146,385 words (India) |
| Age | The Constitution of San Marino may be the world's oldest active written constitution, with some core documents in operation since 1600. The Constitution of the United States is the oldest active codified constitution. |
| Adaptability | Codified constitutions are less adaptable than uncodified constitutions. |
| Legitimacy | The legitimacy of codified constitutions is tied to the process used to adopt them. |
| Constitutional turnover | Countries with codified constitutions experience a high constitutional turnover. |
| Supremacy | Codified constitutions are supreme over ordinary statute law. |
| Examples | Examples of countries with written constitutions include India, Monaco, San Marino, and the United States. The United Kingdom has an unwritten constitution. |
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What You'll Learn
Length of written constitution
The length of a written constitution varies from country to country. India has the world's lengthiest written constitution, with 146,385 words in its English-language version. The Indian Constitution is considered unique and the world's biggest written liberal democratic constitution as it encompasses all the specifics and descriptions of the authorities wielded by the government, legislature, and judiciary. The bulkiness of the Indian Constitution is also due to the adoption of several characteristics from the constitutions of many countries, most notably Britain.
On the other hand, Monaco has the world's shortest written constitution, with 3,814 words. The Monaco Constitution is a concise document that establishes the basic principles and rules for governing the country.
The length of a country's constitution can be influenced by various factors, such as the level of detail and the number of topics covered. For example, the Indian Constitution covers a wide range of topics, including the political code, the functions and organization of government entities, and the fundamental rights and obligations of its citizens.
In contrast, some countries, like the United Kingdom, lack a written constitution. Instead, the UK's constitution is made up of various documents, statutes, and conventions, such as the Bill of Rights 1689, that collectively establish the principles and rules for governance.
The length of a constitution can also be impacted by the amendment process and the need for rigidity, especially in federal constitutions. For instance, the United States Constitution, which has been criticized for its waning influence, has faced challenges in the amendment process, making it difficult to update and adapt.
Overall, the length of a written constitution can vary significantly, depending on the country's specific needs, historical context, and the level of detail included in the document.
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Oldest active written constitution
The Constitution of San Marino, dating back to 1600, is the oldest active written constitution in the world. It has been in continuous use since then, making it the oldest constitution in the world. The document, written in Latin, is called the Statuta Decreta ac Ordinamenta Illustris Reipublicae ac Perpetuae Libertatis Terrae Sancti Marini, or Leges Statutae Republicae Sancti Marini, and consists of six books. The first book, with 62 articles, establishes councils, courts, various executive officers, and the powers assigned to them. The remaining books cover criminal and civil law and judicial procedures and remedies.
San Marino’s Constitution was influenced by the Corpus Juris Civilis and Roman customary law. It was last amended in 2002 when the Declaration of Citizen Rights from 1974 was updated. Interestingly, San Marino's current legal system is still based on this 1600 Constitution, although the country’s Constitution is uncodified, meaning that not all of its elements are law.
Other old constitutions include that of the United States, which was signed on September 17, 1787, and ratified in 1788, with the Bill of Rights added in 1791. It is the oldest active codified constitution and one of the oldest still in place in the world today. The United Kingdom also has an old constitution if you count the Magna Carta from 1215.
The Swiss Federal Constitution was first written in 1848 and provided citizens with a declaration of fundamental individual rights, a federal government, and a federal court of justice. The modern Swiss Federal Constitution was ratified in 1999, directly replacing the 1874 version, which had replaced the original 1848 Constitution.
The Kingdom of Denmark, Belgium, and Canada also have old constitutions, with Canada's Constitution outlining the country's system of government, including the structure of its Parliament, the way elections work, the role of the monarchy, and the divisions of powers between the federal government and the provinces.
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Codified vs uncodified constitutions
A country's constitution is a set of fundamental principles or established precedents that constitute the legal basis of a country, and they are usually laid out in a document. However, some countries have uncodified constitutions, meaning that their fundamental rules take the form of customs, usage, precedent, statutes, and legal instruments. These are typically written down in a variety of official documents but are not codified in a single document.
Codified Constitutions
Most countries have a codified constitution, which means that most of its rules and principles are included in one large written document. The United States is an example of a country with a codified constitution, which is the oldest in the world. However, because of its age, it has had to be reinterpreted to make sense in the modern day, and so it functions more as a reference point than a manual on how to act.
Uncodified Constitutions
Countries with uncodified constitutions include the UK, Canada, New Zealand, and Israel. In these countries, the constitution is not contained in a single document, but rather in multiple sources, such as acts of parliament, judicial decisions, and conventions. For example, the UK's constitution has five main sources that are all used as a reference when deciding whether an action is constitutional. One advantage of an uncodified constitution is its elasticity, adaptability, and resilience. However, a significant disadvantage is that controversies may arise due to different understandings of the usages and customs that form the fundamental provisions of the constitution.
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Unwritten constitutions
An unwritten constitution is one that is not a formal source of constitutional laws and is not entirely codified. It is flexible and adaptable, and its rules and regulations are not well-defined. Instead, practices evolve over time to become law. In an unwritten constitution, the parliament is supreme, and the judiciary has limited powers.
Several countries have unwritten constitutions, including the United Kingdom, Canada, China, Israel, New Zealand, and Saudi Arabia. The UK, for example, has an unwritten or uncodified constitution, meaning there is no single written document outlining its basic rules and regulations.
China has a unique situation where legal theorist Jiang Shigong argues that China has both a written and an unwritten constitution based on the comprehensive leadership of the Communist Party. Israel, similarly, has several Basic Laws but no complete codified constitution due to irreconcilable differences in the Knesset.
New Zealand's constitution is an amalgamation of written and unwritten sources. While there is no single constitutional document, the Constitution Act 1986 plays a central role, alongside statutes, orders in Council, letters patent, court decisions, principles of the Treaty of Waitangi, and unwritten traditions and conventions.
Some countries have transitioned from unwritten to written constitutions. For example, Hungary had an uncodified constitution before 1949, and Sweden's constitution was a subject of debate until the Instrument of Government in 1809 clarified that the constitution consisted of the Instrument of Government, the Freedom of the Press Act, the Fundamental Law on Freedom of Expression, and the Act of Succession. Andorra is another example, with its two Andorran paréages serving as the basic laws of the country until the promulgation of the written 1993 Constitution.
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Constitutional turnover
A written constitution is a single document that outlines the fundamental rules and principles that govern a country. Some countries with written constitutions include India, the United States, and Andorra, which adopted a constitution in 1993. On the other hand, an unwritten constitution is one where the fundamental rules take the form of customs, usage, precedent, and a variety of statutes and legal instruments. Examples of countries with unwritten constitutions include the United Kingdom, Saudi Arabia, and Israel.
While constitutional turnover can be a source of instability, it also has the potential to foster competition and positive change. For instance, in a country with a stagnant political landscape, a shift in the ruling coalition could introduce fresh ideas and policies that better serve the needs of the citizens. On the other hand, frequent constitutional turnover may lead to reduced institutional knowledge and effectiveness, as the average tenure of officials decreases.
The increase in constitutional turnover rates could be attributed to various factors, including heightened hostility towards election officials and the increasing complexity of their roles. Additionally, an aging workforce, with a growing number of individuals reaching retirement age, could also be a contributing factor. To address these challenges, comprehensive solutions are required that focus on both the chronic and emerging causes of turnover.
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Frequently asked questions
A written constitution is a legal document that outlines the government’s structure and the basic principles of ruling and governing a nation.
Many countries have written constitutions, including India, Monaco, San Marino, and the United States.
A codified constitution is written in a single document and is the single source of constitutional law in a state. An uncodified constitution is written in multiple documents, such as customs, precedent, usage, and legal instruments and statutes.
Yes, countries can have an unwritten or uncodified constitution. An example of this is the United Kingdom, whose constitution is written in numerous fundamental acts of a legislature, court cases, and treaties.
