Isabella Carter
The existence of a written constitution is a cornerstone of democratic governance. While some countries have codified constitutions, others have uncodified constitutions, and some have no written constitution at all. The oldest written constitution still in use is a topic of debate, with the United States Constitution, dating to 1787, and the San Marino Constitution, dating to 1600, being the main contenders. The UK, Saudi Arabia, Canada, and New Zealand are examples of countries with uncodified constitutions, which are not bound together in a single document but are instead found across multiple texts and laws.
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What You'll Learn
- The US Constitution is the second oldest in the world
- The UK's oldest constitutional text is the Magna Carta from 1215
- San Marino's Constitution is uncodified and dates back to 1600
- Norway's Constitution was adopted in 1814 and is one of the oldest
- Luxembourg's Constitution came into effect in 1868 and is one of the oldest
The US Constitution is the second oldest in the world
The US Constitution is one of the oldest in the world, second only to the Constitution of San Marino, which dates back to 1600. The US Constitution was signed on September 17, 1787, ratified in 1788, and introduced in 1789. It is similar in nature to the Norwegian Constitution, which was adopted on May 17, 1814, and is also considered one of the oldest existing constitutions. Both the US and Norwegian Constitutions are founded on the principles of the sovereignty of the people, the separation of powers, and human rights.
The US Constitution is often cited as the oldest because not all elements of the San Marino Constitution are law, and it is uncodified. San Marino's Constitution was influenced by the Corpus Juris Civilis and Roman customary law. It is written in Latin and contained in six books. While it is the oldest in terms of its existence, San Marino's Constitution has been amended more recently than the US Constitution, with the last amendment being made in 2002 to update the Declaration of Citizen Rights from 1974.
The US Constitution is a foundational document that outlines the rights and responsibilities of the federal government and serves as a framework for the country's legal and political systems. It establishes the structure and powers of the three branches of government: the legislative, executive, and judicial branches. The Constitution also includes the Bill of Rights, which guarantees the fundamental rights and freedoms of US citizens.
As one of the oldest constitutions still in use, the US Constitution has had a significant influence on the development of democratic governments and the protection of individual liberties around the world. It has been a model for other nations in drafting their own constitutions and has been amended over time to reflect the evolving needs and values of American society.
While the US Constitution is the second oldest in the world, other countries have older constitutions that are no longer in use. For example, Poland's Constitution of 3 May 1791 is considered the world's second oldest modern constitution and the oldest in Europe. However, it was only in effect for one year due to the Russo-Polish War of 1792.
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The UK's oldest constitutional text is the Magna Carta from 1215
The United Kingdom's oldest constitutional text is the Magna Carta, which dates back to 1215. The Magna Carta, or "Great Charter", was an agreement between King John and a group of English barons who had rebelled against the King. It established the right of Parliament to exist as a "common counsel" and outlined various rights and freedoms, including fair trials, free movement, and the separation of church and state.
The UK's constitution is unique in that it is not contained in a single document but is instead spread across various sources, including specific Acts of Parliament, constitutional conventions, and judicial decisions. This makes it an "unwritten" or "uncodified" constitution, which can make it more challenging to understand compared to codified constitutions. However, it is worth noting that the UK's constitution has been influenced and shaped by various historical events and traditions, contributing to its stability and capacity for change.
The UK's constitution recognises the importance of parliamentary sovereignty, where Parliament has the power to make or unmake any law without being limited by a constitutional text. This principle has been a defining feature of the UK's political system and sets it apart from countries with codified constitutions. The flexibility of the UK's constitution has allowed for significant reforms, such as the introduction of the Human Rights Act and the devolution of power to Scotland, Wales, and Northern Ireland.
While the UK's oldest constitutional text is the Magna Carta, it is important to note that the country's constitution has evolved over time and continues to be influenced by various factors. The UK's constitution is a living document that adapts to the changing needs and priorities of the country, ensuring that it remains relevant and responsive to the challenges of modern governance.
In summary, the UK's oldest constitutional text, the Magna Carta from 1215, laid the foundation for the country's unique unwritten constitution. The UK's constitution, spread across various sources, has been shaped by historical events and traditions, allowing for flexibility and adaptation to meet the evolving needs of the nation.
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San Marino's Constitution is uncodified and dates back to 1600
San Marino, a small landlocked country in Southern Europe, has the oldest written constitution in existence. Founded in 301 AD, San Marino is the oldest extant sovereign state and the oldest constitutional republic. Its constitution dates back to 1600 and has been in continuous use since then, making it the oldest in the world.
The Constitution of the Republic of San Marino, also called the Constitution of the Most Serene Republic of San Marino, is spread across several legislative instruments. The most significant of these are the Statutes of 1600 and the Declaration of Citizen Rights of 1974, which was amended in 2002. The constitution was written in Latin and compiled in six books. It was influenced by Roman customary law and Justinian I's Corpus Juris Civilis (529–534).
San Marino's constitution is uncodified, meaning not all of its elements are law. An uncodified constitution is not a single document, but rather a collection of laws. While this type of constitution largely lacks protection against amendment by the government, it is not entirely unwritten. For example, the United Kingdom's constitution is uncodified, and much of it is written in laws such as the Parliament Acts.
The current legal system of San Marino is based on the 1600 Constitution, which outlines the institutions and practices of the Sammarinese government and justice system. The constitution establishes a Grand and General Council, a democratically elected legislature that selects two heads of state, known as Captains Regent, every six months. These leaders serve concurrently with equal powers.
The 1974 Declaration of Citizen Rights is a fundamental law of the Republic, guaranteeing citizens' rights, including equality, inviolability, freedom, and universal suffrage. It also contains a repudiation of war and affirms the sovereignty of the people.
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Norway's Constitution was adopted in 1814 and is one of the oldest
Norway's Constitution, officially known as the Constitution of the Kingdom of Norway, was adopted on the 16th of May and signed into law on the 17th of May 1814. It is one of the oldest constitutions in the world that is still in use today. The Norwegian Constituent Assembly at Eidsvoll ratified the constitution, and the latter date is now celebrated as Norway's National Day.
The Norwegian Constitution was influenced by the United States Declaration of Independence in 1776 and the French Revolution in 1789. It was founded on the principles of the sovereignty of the people, the separation of powers, and human rights. The document also establishes three branches of government: legislative, budgetary, and supervisory powers are vested in the Storting, executive powers in the King and Council, and judicial powers in the Supreme Courts, subordinate courts, and the Court of Impeachment.
The Constitution of Norway is the fourth oldest written single-document national constitution in Europe, after the Constitution of Poland, the French Constitution of 1791, and the Spanish Constitution of 1812. It is also the second oldest working national constitution globally, after the United States Constitution, which was ratified in 1788 and introduced into operation in 1789.
The Norwegian Constitution has undergone several amendments since its inception. In 2014, a series of articles on human rights were added, and the document was rewritten into modern Bokmål and Nynorsk. The Constitution of Norway has played a pivotal role in shaping the country's identity and is a testament to the country's long-standing commitment to democracy, the rule of law, and human rights.
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Luxembourg's Constitution came into effect in 1868 and is one of the oldest
The oldest constitution in existence is a topic of debate. While the United Kingdom's Magna Carta dates back to 1215, it is uncodified, meaning not all its elements are law. As a result, the United States Constitution of 1789 is often cited as the oldest. However, the current constitution of San Marino dates back to 1600 and is recognised as the oldest constitution in use today.
Luxembourg's Constitution, which came into effect in 1868, is one of the oldest in Europe. It is considered the supreme legal rule of the state and has been amended many times since its inception to adapt to the evolving times. The 1868 Constitution is a living constitution, with the most recent amendment in 2019. It comprises 121 articles, divided into 13 chapters, dedicated to describing the role of the Grand Duke, the rights and liberties of citizens, and the power separation in the State.
The 1868 Constitution of Luxembourg was established after the country gained independence following the 1866 Austro-Prussian War and the Treaty of London in 1867. The Constitution confirmed the principle of constitutional monarchy and the international status of Luxembourg, declaring it an "independent, indivisible, inalienable and eternally neutral" state. The Grand Duchy of Luxembourg is a democratic, free, independent, and indivisible state with a constitutional monarch and a system of parliamentary democracy.
The Constitution outlines the roles of the executive, legislative, and judicial branches of Luxembourg's system of government. It also establishes the Conseil d'Etat, responsible for moderating, and the Chamber of Deputies, which represents the country and can propose bills of law to the Grand Duke. The Grand Duke, in turn, can submit proposals or bills of law to the Chamber of Deputies.
Luxembourg's Constitution has been influenced by the Belgian Constitution, with similarities evident in provisions such as the establishment of a Superior Court of Justice in Luxembourg, inspired by the Court of Cassation in Belgium. The 1868 Constitution has also been revised several times, with one of the most significant changes occurring in 1919 when all citizens of legal age were granted the right to vote, regardless of gender.
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Frequently asked questions
The Republic of San Marino has the oldest surviving written constitution in the world, dating back to 1600. It is comprised of a series of six books written in Latin, collectively referred to as the "Statutes of 1600".
The Constitution of San Marino has been in continuous use since 1600 and is the basis of the country's current legal system. It outlines the organisation of the government, the rights of its citizens, and the principles that guide the state.
Some historians and legal scholars abstain from recognizing the San Marino Constitution as the oldest because they argue that the multiple texts that define the governance and laws of San Marino do not fall under the category of a constitution.
The United States Constitution, ratified on June 21, 1788, is the world's second-oldest written constitution. It has been amended 27 times since its implementation and is the shortest documented constitution in the world.
