Constitution

A constitution is like the most important set of rules for a country, group, or organization. It explains how that group should be run and what everyone can and cannot do. These rules can be written down in one big document or in many smaller ones. For example, the constitution of the United Kingdom is not all in one place, but spread out in different laws and decisions.

Constitutions matter because they help make sure everyone is treated fairly and that leaders follow the same rules. They can even protect important rights that people should have. Changing a constitution usually takes a lot of agreement from many people.

Some countries have very long constitutions, like the Constitution of India, which has over 146,000 words. Others, like the Constitution of Monaco, are much shorter with only about 3,800 words. The Constitution of the United States is one of the oldest written constitutions that is still used today. Constitutions can be different too, like liberal constitutions or communist state constitutions, depending on the values of the people they serve.

Etymology

The word constitution comes from a French word that itself came from a Latin word, constitutio. In Latin, this word was used for rules and orders, like important commands from leaders.

Later, in church laws, the term was used for big decisions made by the Pope, called apostolic constitutions.

General features

A constitution is a set of important rules that guide how a group or country is run. These rules give certain powers to leaders or groups, but they also set limits to protect the rights of everyone, including those who have fewer opinions or voices.

When leaders act in ways that follow these rules, it is called "within power." If they act in ways that break the rules, it is called "beyond power." For example, a student group cannot make decisions about things that are not related to students. If leaders do something they are not allowed to do, courts can review it and stop them. Laws that break the constitution are not valid and have no power.

History and development

Since 1789, close to 800 constitutions have been adopted and changed around the world by independent states, along with the Constitution of the United States of America, which is the oldest and shortest written constitution still in force.

In the late 18th century, Thomas Jefferson predicted that a period of 20 years would be the optimal time for any constitution to stay in force. However, many constitutions do not last more than 10 years, and around 10% do not last more than one year. Some constitutions, like that of the United States, have remained in force for several centuries.

The most common reasons for these frequent changes are the desire for quick results and the short time spent on drafting the constitution. A study in 2009 showed that the average time taken to draft a constitution is around 16 months, but there have been extreme cases. For example, the 2008 Constitution of Myanmar was secretly drafted for over 17 years, while Japan’s 1946 Constitution was drafted in just one week. Japan has the oldest unchanged constitution in the world.

Constitutional rights are not just for democratic countries. Autocratic states also have constitutions, but how much they follow them varies. For example, in North Korea, the constitution says it gives people freedom, but in practice, other rules are more important.

Pre-modern constitutions

Excavations in modern-day Iraq found evidence of the earliest known set of rules, issued by the Sumerian king Urukagina of Lagash around 2300 BC. This document allowed some rights to citizens, like tax relief for widows and orphans and protection for the poor.

Many early governments ruled by special sets of written laws. The oldest such document still known is the Code of Ur-Nammu of Ur (around 2050 BC). Some well-known ancient law codes include the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, and Mosaic law.

In 621 BC, a scribe named Draco codified the oral laws of the city-state of Athens. In 594 BC, Solon, the ruler of Athens, created a new constitution that eased the burden on workers and based ruling class membership on wealth rather than birth. Cleisthenes later reformed the Athenian constitution to make it more democratic in 508 BC.

The Romans initially codified their constitution in 450 BC as the Twelve Tables. Later, in the Eastern Empire, important law codes included the Codex repetitæ prælectionis (534) and the Ecloga of Leo III the Isaurian (740).

The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in India.

In the Early Middle Ages, many Germanic peoples codified their laws. One of the first was the Visigothic Code of Euric (471 AD). Other examples include the Lex Burgundionum, the Pactus Alamannorum, and the Salic Law of the Franks.

Japan’s Seventeen-article constitution written in 604 focused more on social morality than on government institutions.

The Constitution of Medina was drafted by the Islamic prophet Muhammad after his move to Yathrib. It was an agreement between Muhammad and the tribes of Yathrib, including Muslims, Jews, and pagans, to end fighting and create a community.

In Wales, the Cyfraith Hywel (Law of Hywel) was codified by Hywel Dda around 942–950. It was the main law code in Wales until it was replaced in the 16th century.

Middle Ages after 1000

The Pravda Yaroslava, granted to Great Novgorod around 1017 by Yaroslav the Wise, became the law for all of Kievan Rus'.

In England, Henry I's proclamation of the Charter of Liberties in 1100 bound the king in his treatment of the clergy and nobility. This idea was later extended by the English barony when they forced King John to sign Magna Carta in 1215. This document ensured that no one could be imprisoned or punished without due process of law.

The Nomocanon of Saint Sava was the first Serbian constitution from 1219. It organized the young Serbian kingdom and the Serbian church.

Stefan Dušan, emperor of Serbs and Greeks, enacted Dušan's Code in Serbia in 1349 and 1354. It regulated all aspects of social life.

In 1222, Hungarian King Andrew II issued the Golden Bull of 1222.

Between 1220 and 1230, a Saxon administrator, Eike von Repgow, composed the Sachsenspiegel, which became the supreme law in parts of Germany.

Around 1240, the Coptic Egyptian Christian writer, 'Abul Fada'il Ibn al-'Assal, wrote the Fetha Negest in Arabic. This law code was used in Ethiopia from the 1500s until 1931.

In the Principality of Catalonia, the Catalan constitutions were promulgated by the Court from 1283 until 1716.

The Kouroukan Founga was a 13th-century charter of the Mali Empire in West Africa.

The Golden Bull of 1356 was a decree issued by a Reichstag in Nuremberg headed by Emperor Charles IV that fixed an important aspect of the constitutional structure of the Holy Roman Empire.

In China, the Hongwu Emperor created and refined a document called Ancestral Injunctions (first published in 1375). These rules served as a constitution for the Ming dynasty for the next 250 years.

The oldest written document still governing a sovereign nation today is that of San Marino. The Leges Statutae Republicae Sancti Marini was written in Latin and consists of six books.

In 1392 the Carta de Logu was legal code of the Giudicato of Arborea promulgated by the giudicessa Eleanor. It was in force in Sardinia until it was superseded by the code of Charles Felix in April 1827.

The Gayanashagowa, the oral constitution of the Haudenosaunee nation also known as the Great Law of Peace, established a system of governance as far back as 1190 AD in which the Sachems, or tribal chiefs, of the Iroquois League's member nations made decisions based on universal consensus of all chiefs.

Modern constitutions

In 1634 the Kingdom of Sweden adopted the 1634 Instrument of Government, drawn up under the Lord High Chancellor of Sweden Axel Oxenstierna after the death of king Gustavus Adolphus. This can be seen as the first written constitution adopted by a modern state.

In 1665, the Kingdom of Denmark-Norway, under Frederick III, adopted the King's Law (Lex Regia), which established complete hereditary and absolute monarchy.

English civil war era

On 4 January 1649, the Rump Parliament declared "that the people are, under God, the original of all just power".

The English Protectorate set up by Oliver Cromwell after the English Civil War promulgated the first detailed written constitution adopted by a modern state; it was called the Instrument of Government. This formed the basis of government for the short-lived republic from 1653 to 1657. The constitution set up a state council and gave executive authority to the office of "Lord Protector of the Commonwealth." This position was a non-hereditary life appointment.

The Instrument of Government was replaced in May 1657 by England's second, and last, codified constitution, the Humble Petition and Advice. The Petition offered hereditary monarchy to Oliver Cromwell, asserted Parliament's control over issuing new taxation, and provided an independent council to advise the king.

British colonies in North America

In 1639, the Colony of Connecticut adopted the Fundamental Orders, which was the first North American constitution. It is the basis for every new Connecticut constitution since, and is also the reason for Connecticut's nickname, "the Constitution State".

All of the British colonies in North America that were to become the 13 original United States, adopted their own constitutions in 1776 and 1777, during the American Revolution, with the exceptions of Massachusetts, Connecticut, and Rhode Island. The Commonwealth of Massachusetts adopted its Constitution in 1780, the oldest still-functioning constitution of any U.S. state.

Democratic constitutions: 18th century

What is sometimes called the "enlightened constitution" model was developed by philosophers of the Age of Enlightenment such as Thomas Hobbes, Jean-Jacques Rousseau, and John Locke. The model proposed that constitutional governments should be stable, adaptable, accountable, open and should represent the people.

Agreements and Constitutions of Laws and Freedoms of the Zaporizian Host was written in 1710 by Pylyp Orlyk, hetman of the Zaporozhian Host. It established a democratic standard for the separation of powers in government.

Corsican Constitutions of 1755 and 1794 were inspired by Jean-Jacques Rousseau. The latter introduced universal suffrage for property owners.

The Swedish constitution of 1772 was enacted under King Gustavus III and was inspired by the separation of powers by Montesquieu.

The United States Constitution, ratified 21 June 1788, was influenced by the writings of Polybius, Locke, Montesquieu, and others.

The Polish–Lithuanian Commonwealth Constitution was passed on 3 May 1791. It was developed by leading minds of the Enlightenment in Poland and is considered the first constitution of its kind in Europe and the world's second oldest one after the American Constitution.

Another landmark document was the French Constitution of 1791.

The 1811 Constitution of Venezuela was the first Constitution of Venezuela and Latin America.

On 19 March 1812, the Spanish Constitution of 1812 was ratified by a parliament gathered in Cádiz.

In Brazil, the Constitution of 1824 expressed the option for the monarchy as a political system after Brazilian Independence.

In Denmark, the absolute monarchy lost its personal possession of Norway to Sweden. Sweden had already enacted its 1809 Instrument of Government. The Norwegians adopted a democratic and liberal constitution in 1814.

The first Swiss Federal Constitution was put in force in September 1848.

The Serbian revolution led to a proclamation of a proto-constitution in 1811; the full-fledged Constitution of Serbia followed in 1835.

The Constitution of Canada came into force on 1 July 1867, as the British North America Act. Canada's constitution also has unwritten elements based in common law and convention.

Principles of constitutional design

When people first started living in cities and forming nations, many followed unwritten customs, while some had rulers who used their power however they wished. This led thinkers to believe that the character of the rulers mattered more than the way the government was set up. Famous thinkers like Plato suggested that only wise rulers should lead.

Later, during the Renaissance, writers began to think about better ways to design governments. They looked at how authority should be used and how to prevent abuse. This thinking was shaped by events in England, including its Civil War, and led to ideas about governments being based on natural laws and agreements among people.

Writers such as Montesquieu suggested separating different government jobs, like making laws, enforcing them, and judging them, into separate groups. They believed that good government design followed certain important rules. These ideas apply not just to countries but also to smaller groups, helping everyone get along and feel their rights are protected.

Key features

Mostly, a constitution is a set of rules that explain how a government works. These rules help decide how leaders make decisions and what people can expect from their government. Constitutions can be written in one document or spread out over many laws and traditions.

Classification

Constitutions can be grouped in different ways. Some are written in a single paper, called codified constitutions. Others are found in many places, like laws and traditions, called uncodified constitutions. For example, the United Kingdom uses an uncodified constitution.

Codified constitution

A codified constitution is often made during big changes, like revolutions. These constitutions usually say that they are the most important rules, and courts can use them to check if other laws are fair.

Uncodified constitution

Main article: Uncodified constitution

Only a few countries, like New Zealand and the United Kingdom, use uncodified constitutions. These come from many years of laws and customs.

Mixed constitutions

Some countries use a mix of codified and uncodified parts in their constitutions. For example, Australia and Canada have constitutions that include both single documents and additional laws.

Amendments

Changing a constitution is usually harder than changing normal laws. Many constitutions need special steps, like votes from many leaders or public approvals, to make any changes.

Entrenched clauses

Main article: Entrenched clause

Some parts of a constitution are very important and harder to change. For example, in the United States, changing certain rules about voting needs extra steps.

Constitutional rights and duties

Constitutions often list rights people have, like the right to vote or speak freely, and duties, like paying taxes.

Separation of powers

Main article: Separation of powers

Constitutions usually split government jobs into groups, like leaders, lawmakers, and judges, so no one group has too much power.

Power structure

Constitutions decide how power is shared in a country. In some countries, power is centered in one place. In others, power is shared between a central government and regional areas.

State of emergency

Main article: State of emergency

Many constitutions allow special rules during emergencies, but these can sometimes be misused.

Communist state constitution

Main article: Communist state constitution

In some countries, the constitution supports a specific way of governing where the main party controls all parts of the government.

Constitutional courts

In many places, there is a special group of judges whose job is to make sure that rules and actions follow the constitution. In some countries, like Germany, this group is a special court just for this job. In other places, like Ireland, regular courts also check if rules follow the constitution.

Sometimes, a rule or action does not follow the constitution. This is called a constitutional violation. For example, a leader might do something they are not allowed to do, or a group might try to make a rule that goes against the constitution without following the right steps to change it.

Some countries, like the United Kingdom, do not have special courts to check this. Instead, they believe that the rules made by their parliament cannot be questioned by courts.

By country

Main article: List of national constitutions

Some important documents that act like constitutions include:

• Constitution of the Roman Republic
• Unratified European Union constitution
  • Treaty of Lisbon (adopts same changes, but without constitutional name)
• United Nations Charter