Eleanor Finch
The idea of a universal constitution has evolved over the centuries, with the first formal distinction between ordinary law and constitutional law made by Aristotle around 350 BC. Medieval constitutions were considered legitimate as they were believed to be ordained by God or tradition. The Corsican Constitutions of 1755 and 1794 were inspired by Jean-Jacques Rousseau, with the latter introducing universal suffrage for property owners. The United States Constitution, influenced by the writings of Polybius, Locke, Montesquieu, and others, became a benchmark for republicanism and codified constitutions. The concept of a constitution has been interpreted differently by various civilizations, with some emphasizing the need for balanced forces to prevent tyranny, while others viewed it as a framework for governance.
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What You'll Learn
Influence of the Scottish Enlightenment
The idea of a universal constitution has evolved over the centuries, with influences from various sources. One notable influence is the Scottish Enlightenment, which had a significant impact on political and philosophical thought in Europe and beyond.
During the Scottish Enlightenment, Scotland's major cities, including Edinburgh and Glasgow, became hubs of intellectual activity, with a network of universities, reading societies, libraries, and scientific societies. This environment fostered the development of new ideas and knowledge in various fields, including science, medicine, sociology, linguistics, philosophy, and political thought.
One of the key figures in the Scottish Enlightenment was Francis Hutcheson, a moral philosopher and professor at Glasgow University. Hutcheson is known for his utilitarian and consequentialist thinking, and he influenced other prominent Enlightenment figures such as David Hume and Adam Smith. Hutcheson's ideas on virtue and the greatest happiness for the greatest number had a significant impact on the development of ethical and political thought during this period.
Another important figure was David Hume, whose philosophical works, such as the "Treatise on Human Nature" and "Essays, Moral and Political," outlined the parameters of philosophical empiricism and scepticism. Hume, along with other Scottish Enlightenment thinkers like James Burnett, Adam Ferguson, John Millar, and William Robertson, developed a "science of man," which merged a scientific study of human behaviour in ancient and primitive cultures with an awareness of modern determining forces. Hume's ideas influenced American political thought, including the thinking of James Madison, and played a role in shaping the United States Constitution.
The Scottish Enlightenment also contributed to the advancement of personal liberties and the concept of a constitutional republic. The ideas and attitudes of Scottish thinkers were carried beyond Scotland, influencing the American Revolution, the Declaration of Independence, and the establishment of a constitutional republic in the United States. Historian Herbert W. Schneider considered the Scottish Enlightenment to be "probably the most potent single tradition in the American Enlightenment."
Overall, the Scottish Enlightenment had a significant impact on the development of political and philosophical thought, contributing to the evolution of ideas that influenced the creation of constitutions and the advancement of liberties in Europe and the New World.
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The English Bill of Rights
The idea of a universal constitution has been influenced by various historical and philosophical sources. One notable example is the English Bill of Rights, which came into effect in 1689. This document was a significant milestone in the history of constitutionalism and had a profound impact on future constitutions worldwide. Here is a detailed overview of the English Bill of Rights:
The Historical Context
Provisions and Guarantees
The Bill of Rights also addressed taxation, asserting that the monarch could not levy taxes without the consent of Parliament, thus ensuring that taxation was subject to democratic oversight. Furthermore, it prohibited the maintenance of a standing army in peacetime without parliamentary approval and affirmed the right to bear arms for self-defence, as allowed by law.
Influence on Other Constitutions
Legacy and Impact
In conclusion, the English Bill of Rights was a pivotal moment in the evolution of constitutionalism, shaping not only the British political system but also influencing future democratic ideals and constitutional frameworks worldwide.
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Medieval constitutions
In the Middle Ages, the church and the secular authorities with whom the church conflicted needed clearly defined arrangements of offices, functions, and jurisdictions. The medieval constitution of liberty, as described by Salter and Young, emerged following the fall of the Western Roman Empire. It evolved from the settlements of militarized Germanic elites within the imperial frontiers, to the host of successor kingdoms in the sixth and seventh centuries, and through the Carolingian Empire of the late eighth and ninth centuries and the "feudal anarchy" that followed.
In the Principality of Catalonia, the Catalan constitutions were promulgated by the Court from 1283 until 1716, when Philip V of Spain gave the Nueva Planta decrees, ending the historical laws of Catalonia. These constitutions were usually made formally as a royal initiative but required the approval or repeal of the Catalan Courts, the medieval antecedent of modern parliaments.
The Kouroukan Fouga was a 13th-century charter of the Mali Empire in West Africa, reconstructed from oral tradition in 1988 by Siriman Kouyaté. It included the "right to life and to the preservation of physical integrity" and significant protections for women.
In the 13th century, Saint Sava began work on the Serbian Nomocanon, a compilation of civil and canonical regulations taken from Byzantine sources but completed and reformed to function properly in Serbia. It included decrees that organized the life of the church and norms regarding civil life.
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Influence of Montesquieu
The idea of a universal constitution has evolved over time, with Aristotle and Roman philosophers contributing to the concept. However, one of the most influential thinkers regarding the American Constitution was the French philosopher Charles-Louis de Secondat, Baron de Montesquieu. Montesquieu is best known for his views on the separation of powers, which were inspired by Polybius's treatise on the checks and balances of the Roman Republic.
In his book, "The Spirit of Law" (also known as "The Spirit of the Laws"), Montesquieu emphasised the need for balanced forces within a government to prevent tyranny. He argued that the separation of powers should be based on service to the people's liberty, with distinct legislative, executive, and judicial branches. This philosophy heavily influenced the framers of the U.S. Constitution, who divided the federal government into these three branches to promote checks and balances and protect individual liberties.
Montesquieu's ideas on government classification were also significant. He believed that governments needed to be adapted to the people they governed and that large land areas required strong central leadership, which he associated with one-person rule. This notion sparked a debate about the potential for tyranny under a stronger central government. James Madison addressed this concern in Federalist No. 10, distinguishing between small pure democracies and larger representative democracies.
Montesquieu also valued free speech and a press free to criticise the government. He drew a distinction between expressing ideas and taking overt actions against the government, opposing the punishment of individuals for their criticism of those in power. These Enlightenment-era ideas influenced the American Founding and its emphasis on rights embodied in the Declaration of Independence, the First Amendment, and the Bill of Rights.
Overall, Montesquieu's influence on the concept of a universal constitution, particularly in the context of the American political system, is undeniable. His ideas on the separation of powers, government classification, and free speech have had a lasting impact on constitutional thought and democratic governance.
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The Articles of Confederation
The idea of a universal constitution has a long history, with influences from ancient Greek, Roman, and Christian thought. Aristotle, for instance, drew a distinction between the constitution, the laws, and day-to-day policies, arguing that citizens should learn to obey and then be given opportunities to rule. The Romans added to Aristotelian thought the concepts of generalized equality, universal regularity, and a hierarchy of laws. Christianity further influenced the concept of a universal constitution by endowing it with a monarchical cast, arguing that the Christian God was the ruler of the universe, and his laws were to be obeyed. Medieval constitutions, both of church and state, were considered legitimate as they were believed to be ordained by God and tradition.
The Articles were ratified by 12 states by February 1779, with Maryland holding out until February 2, 1781. The Congress of the Confederation was then formed, but it soon faced challenges due to the states retaining significant power, limiting the central government's ability to regulate commerce, tax, and set commercial policy. The government also struggled to support war efforts and manage economic issues like inflation. These issues led to the assembly of the Constitutional Convention in Philadelphia in May 1787 to revise the Articles of Confederation, ultimately resulting in the creation of the present-day US Constitution.
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Frequently asked questions
The idea of a universal constitution has evolved over time, with many different thinkers contributing to the concept. One of the earliest known contributors to the idea of constitutionalism was Aristotle, who made a formal distinction between ordinary law and constitutional law, exploring different constitutions in his works "Constitution of Athens", "Politics", and "Nicomachean Ethics". The idea of a universal constitution was also present in Roman law, which added concepts of generalized equality and a hierarchy of types of laws to Aristotelian notions of constitutionalism.
The United States Constitution, influenced by Aristotle, Polybius, Locke, Montesquieu, and others, has been a benchmark for republicanism and codified constitutions. The Australian constitution has also integrated federal ideas from the U.S. Constitution.
Aristotle regarded the mixed constitution, containing monarchic, aristocratic, and democratic elements, as the best arrangement for a state. He also distinguished between citizens, who had the right to participate in the state, and non-citizens and slaves, who did not.
Roman law recognized a basic equality among all humans, influenced by Stoic philosophy. The Stoics argued that all humans are endowed with a spark of reason that allows them to perceive a universal natural law that governs the world.
Medieval constitutions, both of church and state, were considered legitimate because they were believed to be ordained by God or tradition. The English Protectorate established by Oliver Cromwell after the English Civil War promulgated the first detailed written constitution, called the "Instrument of Government", which included concepts such as bicameralism, separation of powers, and judicial review. The Corsican Constitutions of 1755 and 1794 were inspired by Jean-Jacques Rousseau, and the Swedish Constitution of 1772 was influenced by Montesquieu's ideas on the separation of powers.
