Simone Lawson
The United States Constitution has been an influence on the constitutions of other countries, particularly in early 19th-century Latin America, where several countries borrowed the idea of a written constitution and included similar provisions for a presidential system of government, the right to bear arms, and the prevention of quartering soldiers. However, the influence of the US Constitution has been waning since the 1980s as other countries have created new constitutions or updated older ones, and it has been noted that the US Constitution guarantees relatively few rights compared to other countries. Additionally, the US model is very dependent on the pre-existence of multiple states that want to balance their political freedom with federal control, which is not a common dynamic in other countries.
| Characteristics | Values |
|---|---|
| Influence of the US Constitution is waning | Since the 1980s, the influence of the US Constitution has been declining |
| US Constitution guarantees relatively few rights | The US Constitution contains less than half (26 out of 60) of the provisions listed in the average bill of rights |
| Centralised models preferred by democratising countries | Democratising countries often chose the more centralised British or French models |
| US-inspired federal system | Australia adopted a federal system similar to the US, with a senate representing the states |
| US Constitution as a model for other nations | The US Constitution served as a model for other nations drafting new constitutions, especially in early 19th-century Latin America |
| US Constitution influenced by colonial rule | The US Constitution is an expression of Americans diverging from their colonial rulers |
| US Constitution influenced by specific historical context | The US Constitution is influenced by the pre-existence of multiple states balancing their political freedom against federal control |
| US Constitution not easily transferable | A straight copy of the US federal model without considering local specificities may not be effective, as seen in the case of Liberia |
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What You'll Learn
- The US Constitution is difficult to emulate because of its federal model
- The US Constitution is not a good fit for countries with different local specificities
- The influence of the US Constitution has been waning since the 1980s
- The US Constitution guarantees relatively few rights compared to other constitutions
- Democratizing countries often choose more centralised British or French models
The US Constitution is difficult to emulate because of its federal model
The US Constitution has influenced the constitutions of several countries, especially in Latin America during the early 19th century. However, it is difficult to emulate because of its federal model, which grants specific powers to the federal government, with all other powers being left to the states or the people. This federal model, which includes a separation of powers and recognition of individual rights, presents a unique set of challenges for other countries to adopt wholesale.
The US Constitution's federal model is based on a system of checks and balances, with specific powers delegated to the federal government, such as the power to declare war, collect taxes, and regulate interstate business activities. This model stands in contrast to more centralized models of government, such as the British Westminster system, which has been preferred by many democratizing countries. The US Constitution's federal model also includes a system of judicial review, which allows for constitutional interpretation and amendment, a process that has been found to be more difficult in the United States than in other countries.
The complexity of the US Constitution's federal model is further compounded by the fact that it is one of the few constitutions in the world that still features the right to keep and bear arms. This provision, along with others, has led to a relatively limited number of guaranteed rights compared to other countries' constitutions. Additionally, the US Constitution's amendment process is notoriously challenging, with some arguing that it is the most difficult in the world to amend.
While the US Constitution has served as a source of inspiration for constitution-drafters around the world, the federal model it espouses is intricate and distinctive. Its influence has been observed in the adoption of similar provisions and the borrowing of concepts like federalism and the separation of powers. However, the specific details and implementation of these concepts vary from country to country, making the US Constitution's federal model challenging to replicate in its entirety.
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The US Constitution is not a good fit for countries with different local specificities
The US Constitution has influenced the constitutions of other countries, especially in early 19th-century Latin America. However, its influence has been waning since the 1980s as other countries have created new constitutions or updated older ones. This process of constitutional change is considered more difficult in the US than in any other country.
A straight copy of the US federal model, without taking into account local specificities, would not seem like a good idea. For example, in Ethiopia, a country composed of different ethnic groups where a regional/tribal civil war is currently happening, adopting the US federal model without accounting for local specificities could be disastrous.
Furthermore, the US Constitution guarantees relatively few rights compared to other countries' constitutions and contains less than half of the provisions listed in the average bill of rights. Democratizing countries often choose the more centralized British or French models of government, particularly the British Westminster system.
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The influence of the US Constitution has been waning since the 1980s
The United States Constitution has had a significant influence on the development of later constitutions and legal thinking in other countries. Its impact can be seen in similarities of phrasing, borrowed passages, and the adoption of principles such as the rule of law, separation of powers, and recognition of individual rights.
However, since the 1980s, the influence of the US Constitution has been on a decline as more countries create new constitutions or update older ones. A study by David Law and Mila Versteeg published in the New York University Law Review supports this waning influence. They examined over 700 federal constitutions from nearly 200 countries and found that while the idea of adopting a constitution may be inspired by the United States, the way constitutions are written today increasingly differs from the US model.
One reason for this shift is that the US Constitution guarantees relatively few rights compared to other constitutions. For example, it contains less than half (26 out of 60) of the provisions listed in the average bill of rights. Additionally, it is one of the few constitutions in the world that still includes the right to keep and bear arms, along with Guatemala and Mexico.
The US Constitution is also one of the most challenging constitutions to amend, a factor that has contributed to its declining appeal as a model for other nations. Sanford Levinson, a legal scholar, noted in 2006 that it has been the most difficult constitution to amend in the world since the fall of Yugoslavia. This rigidity makes it harder for the US Constitution to adapt to changing societal needs and values.
Furthermore, countries undergoing democratization have often favored more centralized models of government, such as the British Westminster system, over the US federalist model. As a result, the influence of the US Constitution, while historically significant, has been waning since the 1980s as countries seek constitutional models that better align with their modern needs and values.
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The US Constitution guarantees relatively few rights compared to other constitutions
The US Constitution has had an influence on the legal thinking and constitutions of other countries. It has inspired the principles of the rule of law, separation of powers, and recognition of individual rights. However, the US Constitution guarantees relatively few rights compared to other constitutions.
A 2012 study by David Law and Mila Versteeg, published in the New York University Law Review, found that the US Constitution contains fewer than half (26 out of 60) of the provisions listed in the average bill of rights. It is also one of the few constitutions in the world that still includes the right to keep and bear arms.
The US Constitution does not guarantee gender equality, with the Equal Rights Amendment yet to be adopted as a new amendment. It also does not protect the right to healthcare, unlike 142 other global constitutions, or the right to education, unlike 160 other constitutions. The rights of people with disabilities and members of the LGBTQ+ community are also not explicitly protected by the US Constitution.
The US Constitution has been amended 27 times since it came into operation in 1789. The first ten amendments, known as the Bill of Rights, were added to limit government power and protect individual liberties. The majority of the 17 later amendments expand individual civil rights protections. However, the US Constitution still offers fewer protections than many other constitutions.
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Democratizing countries often choose more centralised British or French models
The US Constitution has had an influence on later constitutions and legal thinking internationally. However, democratizing countries often choose more centralized British or French models of government, particularly the British Westminster system. This is partly because many countries that were once part of the British Empire adopted the Westminster system, and because the US Constitution guarantees relatively few rights compared to other countries' constitutions.
The British model of democratization has been successful in producing a liberal democracy while remaining politically stable. This process was evolutionary and occurred gradually, allowing each new group to be included before the next. It was also accompanied by substantial economic growth in a capitalist market economy. The British experience of democratization is thus seen as a positive example for other countries to follow.
The French model of democracy, on the other hand, has been criticized for having a strong 'constitutional' pillar, which may make citizens less happy with their democratic system than in other countries. For example, radical parties in France have called for a 'sixth republic' to reduce the power of the presidency.
In conclusion, while the US Constitution has had some influence on other countries, democratizing nations often prefer the more centralized British or French models. These models offer a more consolidated form of government that may be seen as more stable and effective in resolving conflicts that arise from social complexity.
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Frequently asked questions
The US Constitution has influenced the constitutions of other countries, including Japan, India, and Australia. However, its influence has been waning since the 1980s as countries create new constitutions or update older ones.
The US Constitution served as a model for other nations, especially in early 19th-century Latin America. Some non-US constitutions include similar provisions for a presidential system of government, the right to bear arms, and the prevention of quartering soldiers during wartime.
According to a 2012 study by David Law, the US Constitution guarantees relatively few rights compared to other countries and contains less than half of the provisions listed in the average bill of rights. Additionally, the process of amending the US Constitution is more difficult compared to other countries.
The original constitution of Liberia was closely modelled on the US Constitution as the country was founded by African-American émigrés. However, this led to several unsuccessful revolts and a successful coup in 1980 as the political system allowed the descendants of African-Americans to keep most of the political power.
The US model is very dependent on the pre-existence of multiple states that want to balance their political freedom with federal control. Not many countries are used to a federal model, and it may not be suitable for countries with specific local or cultural contexts, such as Ethiopia with its diverse ethnic groups.
