The Oldest Written Constitution: A Historical Overview

Constitutions are important documents that outline the rules and principles that guide a country's government. They are the cornerstone of democratic governance, establishing the framework for federal governments and dictating the composition and functioning of parliament and its powers and roles. The oldest constitution in the world is a contentious topic. While the Constitution of San Marino dates back to 1600, it is uncodified, meaning not all of its elements are law. On the other hand, the United States Constitution, ratified in 1788, is often considered the oldest constitution because it is codified and has influenced the constitutions of several other countries. Other old constitutions include Norway's, adopted in 1814, Australia's, which came into effect in 1901, and Luxembourg's, which came into effect in 1868.

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The United States Constitution

The US Constitution was ratified on June 21, 1788, after nine of the 13 original states signed it. The Constitution went into effect the following March, and a new government was established. Since then, the United States Constitution has been amended 27 times, with the first ten amendments collectively known as the Bill of Rights. The first 10 Amendments made provisions for the protection of individual freedoms and met the need for equal justice, all while curbing the powers of the government in certain cases. Many of the United States' founding fathers did not sign the Constitution, including Thomas Jefferson, John Adams, Samuel Adams, Patrick Henry, and John Hancock.

The US Constitution is the shortest documented Constitution in the world. It is a single text document, unlike the Constitution of San Marino, which is comprised of a series of six books written in Latin, collectively referred to as the "Statutes of 1600". These came into effect on October 8, 1600. However, many historians and legal scholars abstain from recognizing the San Marino Constitution as the oldest surviving national constitution in the world because the multiple texts that define the governance and laws of San Marino do not fall under the category of a constitution.

The UK does not have a written constitution. Some argue that the UK's system is defined by parliamentary acts and common case law rather than a single or set of central documents. The Magna Carta, created in 1215, is considered the founding instrument of the constitutional framework of the United Kingdom, but it is not considered the UK's constitution.

Poland's Constitution

The United Kingdom has the oldest existing constitution if the Magna Carta, which dates back to 1215, is taken into account. Two of its articles are still in force today. The United States Constitution, which came into force in 1789, is also considered one of the most well-known constitutions in the world. However, the debate around the oldest constitution is ambiguous due to varying definitions of what constitutes a constitution. For example, the Constitution of San Marino, which consists of six books written in Latin and came into effect in 1600, is believed by some to be the oldest surviving constitution. Others abstain from recognizing it as such because it does not conform to the definition of a single document.

Now, let's focus on Poland's Constitution.

Poland's first written constitution was proposed on May 3, 1791, making it the second oldest written constitution in the world, ratified just after the Constitution of the United States of America. This groundbreaking document stipulated the decentralization of state power and emphasized the division of powers, providing a system of checks and balances. The official legislative branch, the Sejm, consisted of two chambers: the Senate and the Chamber of Deputies. The constitution aimed to limit the powers of the parliament to balance it with the other branches of the state. It abolished the liberum veto, a parliamentary device that required unanimity in decision-making, and ended royal elections by restoring the system of a hereditary monarchy. The 1791 Constitution became a symbol of Poland's national identity, strengthening the connection between Catholicism and constitutionalism.

Following the 1791 Constitution, Poland underwent various constitutional changes. On February 20, 1919, the "Small Constitution" was adopted, remaining in effect until March 17, 1921, when the final constitution was adopted, modeled after the French Constitution of 1875. This constitution provided for a tripartite division of powers, strong local government, and restored Poland as a democratic republic. It included a broad catalogue of civil liberties, such as freedom of speech, freedom of the press, freedom of assembly, and private property rights. After a period of authoritarian rule, the constitution of 1935 introduced a presidential system, limiting the role of the Sejm and delegating most state power to the President. Finally, Poland's current constitution was established in 1997, solidifying the country as a parliamentary democratic representative republic with a political system based on this constitution.

Luxembourg's Constitution

The current Constitution of Luxembourg, also known as the Grand Duchy of Luxembourg, is one of the oldest written constitutions in Europe that remains in force. It came into effect on 17 October 1868 and is considered the supreme legal rule of the state. The 1868 Constitution is the final version of the constitution, which was first drafted in 1841, following the country's independence in 1839 from neighbouring European powers Belgium and the Netherlands.

The Constitution of Luxembourg is a rigid constitution, with limited opportunities for amendment. It consists of 13 chapters and 121 articles, outlining the rights and responsibilities of the state and its citizens. The constitution establishes Luxembourg as a democratic, free, independent, indivisible, and neutral state, with a system of parliamentary democracy. It dictates the separation of powers, assigning executive power to the Grand Duke and the Government, legislative power to the unicameral parliament (Chamber of Deputies), and judicial power to independent courts and tribunals. The Grand Duke, as the head of state, is subject to the laws and powers expressly conferred upon him by the constitution.

The constitution guarantees specific rights and freedoms for Luxembourgers. It ensures equality before the law, with equal admissibility to public, civil, and military employment for citizens. It also provides for the right to found a family, with the state guaranteeing the natural rights of the human person and promoting equality between women and men. Additionally, the constitution ensures compulsory and free primary education for all Luxembourgers, with the state also providing secondary and higher education opportunities, including free vocational training. Freedom of speech and freedom of the press are also guaranteed by the constitution.

The Constitution of Luxembourg has been revised and amended multiple times since its inception to adapt to evolving societal and political changes. The country's constitutional tradition has been strongly influenced by its historical connections to the Netherlands and Belgium, with the 1841 Charter resembling the Dutch Constitution and subsequent revisions drawing inspiration from the Belgian Constitution. The 1868 Constitution confirmed the principle of constitutional monarchy and the international status of Luxembourg, solidifying its independence and neutrality.

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Belgium's Constitution

The Constitution of Belgium, or the Belgische Grondwet, dates back to 1831. It was created in the aftermath of Belgium's secession from the United Netherlands in the Belgian Revolution. The Belgian Constitution was inspired by the French constitutions of 1791, 1814, and 1830, the Dutch constitution of 1814, and English constitutional principles.

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 of the press. The franchise was, however, limited by a property tax qualification. The constitution also placed the Catholic Church in a privileged position, despite mandating the separation of Church and State.

The Belgian Constitution recognises the sovereignty of the people, with a monarch and a dynasty that owes their position to an oath sworn to honour the constitution. The legislature is the highest instrument of power in Belgium, with the legislative power assigned to the House of Representatives and the Senate, who have to approve the legislation, and the King, who has to proclaim and ratify them. Executive power is assigned to the King and his ministers, but the responsibility for government policy rests with the ministers. The exercise of judicial power is assigned to the courts, with the judges only removable by a court judgement.

The Belgian Constitution also establishes the rights and freedoms that each Belgian is entitled to enjoy. All Belgians are equal before the law, with property rights and the confidentiality of the mail becoming inviolable. Belgians have the right to gather peaceably and without arms, the right to enter into association or partnership, and the right to address petitions to the public authorities.

The Belgian Constitution has undergone significant amendments since its inception, with the most recent major change being the introduction of the Court of Arbitration, which later became the Constitutional Court. Belgium is now a federal state composed of Communities and Regions, with the Flemish Community, the French Community, and the German-speaking Community as its three communities.

San Marino's Constitution

The Constitution of San Marino dates back to 1600 and has been in continuous use since then, making it the oldest constitution in the world. The country's legal system is based on this 1600 Constitution, collectively referred to as the "Statutes of 1600". It comprises six books written in Latin, with the first book containing 62 articles and the second book, called Civilium Causarum, containing 75 articles.

However, the Constitution of San Marino is uncodified, meaning not all its elements are law. This is why the United States Constitution is often cited as the oldest. Despite this, San Marino's current legal system is based on this 1600 Constitution, and it is still considered the world's oldest existing constitution.

The Constitution of San Marino 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. 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. The Declaration begins with a repudiation of war and states that the people are sovereign. It explains the separation of powers doctrine and guarantees citizens certain rights, including equality, inviolability, freedom, and universal suffrage.

The 1974 law, described as the fundamental law of the Republic, was amended in 2002, providing further constitutional detail on the organisation of government and establishing the Guarantors' Panel on the Constitutionality of Rules. This panel is a court responsible for assessing the compliance of laws with respect to the Declaration of Rights.

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