![Costituzione del Regno di Napoli del 1848](https://upload.wikimedia.org/wikipedia/commons/e/ed/Costituzione_del_Regno_di_Napoli_del_1848.jpg)
A constitution is the aggregate of fundamental
principles
A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule that has to be or usually is to be followed. It can be desirably followed, or it can be an inevitable consequence of something, such as the la ...
or established
precedents
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value ...
that constitute the
legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
basis of a
polity
A polity is an identifiable Politics, political entity – a group of people with a collective identity, who are organized by some form of Institutionalisation, institutionalized social relation, social relations, and have a capacity to mobilize ...
,
organisation
An organization or organisation (Commonwealth English; see spelling differences), is an entity—such as a company, an institution, or an association—comprising one or more people and having a particular purpose.
The word is derived from ...
or other type of
entity
An entity is something that exists as itself, as a subject or as an object, actually or potentially, concretely or abstractly, physically or not. It need not be of material existence. In particular, abstractions and legal fictions are usually ...
and commonly determine how that entity is to be governed.
When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''.
The Constitution of the United Kingdom
The constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no attempt ...
is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties.
Constitutions concern different levels of organizations, from
sovereign countries
The following is a list providing an overview of sovereign states around the world with information on their status and recognition of their sovereignty.
The 206 listed states can be divided into three categories based on membership withi ...
to
companies
A company, abbreviated as co., is a legal entity representing an association of people, whether natural, legal or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specific, declared go ...
and unincorporated
associations. A
treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations
An international organization or international o ...
which establishes an
international organization
An international organization or international organisation (see spelling differences), also known as an intergovernmental organization or an international institution, is a stable set of norms and rules meant to govern the behavior of states an ...
is also its constitution, in that it would define how that organization is constituted. Within
states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as
fundamental rights
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustai ...
.
The
Constitution of India
The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...
is the longest written constitution of any country in the world,
with 146,385 words
in its
English-language
English is a West Germanic language of the Indo-European language family, with its earliest forms spoken by the inhabitants of early medieval England. It is named after the Angles, one of the ancient Germanic peoples that migrated to the is ...
version,
while the
Constitution of Monaco
The Constitution of Monaco, first adopted in 1911 after the Monégasque Revolution and heavily revised by Prince Rainier III on 17 December 1962, outlines three branches of government, including several administrative offices and a number of counc ...
is the shortest written constitution with 3,814 words.
The
Constitution of San Marino
The Constitution of the Republic of San Marino (also called the Constitution of the Most Serene Republic of San Marino) is distributed over a number of legislative instruments of which the most significant are the Statutes of 1600 and the Declara ...
might be the world's oldest active written constitution, since some of its core documents have been in operation since 1600, while the
Constitution of the United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
is the oldest active codified constitution. The historical life expectancy of a constitution since 1789 is approximately 19 years.
Etymology
The term ''constitution'' comes through
French
French (french: français(e), link=no) may refer to:
* Something of, from, or related to France
** French language, which originated in France, and its various dialects and accents
** French people, a nation and ethnic group identified with Franc ...
from the
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
word ''constitutio'', used for regulations and orders, such as the
imperial
Imperial is that which relates to an empire, emperor, or imperialism.
Imperial or The Imperial may also refer to:
Places
United States
* Imperial, California
* Imperial, Missouri
* Imperial, Nebraska
* Imperial, Pennsylvania
* Imperial, Texa ...
enactments (''constitutiones principis'': edicta, mandata, decreta, rescripta). Later, the term was widely used in
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
for an important determination, especially a decree issued by the
Pope
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
, now referred to as an ''
apostolic constitution''.
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family i ...
used the term for significant and egregious violations of public trust, of a nature and extent that the transgression would justify a
revolutionary
A revolutionary is a person who either participates in, or advocates a revolution. The term ''revolutionary'' can also be used as an adjective, to refer to something that has a major, sudden impact on society or on some aspect of human endeavor.
...
response. The term as used by Blackstone was not for a legal text, nor did he intend to include the later American concept of
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
: "for that were to set the judicial power above that of the legislature, which would be subversive of all government".
General features
Generally, every modern written constitution confers specific powers on an organization or institutional entity, established upon the primary condition that it abides by the constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain
institution
Institutions are humanly devised structures of rules and norms that shape and constrain individual behavior. All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions a ...
alized mechanisms of power control for the protection of the interests and
liberties
Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom.
In modern politics, liberty is understood as the state of being free within society fr ...
of the
citizenry
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
, including those that may be in the
minority".
Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power" (or, in Latin, ''intra vires''); if they do not, they are termed "beyond power" (or, in Latin, ''
ultra vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
''). For example, a
students' union
A students' union, also known by many other names, is a student organization present in many colleges, universities, and high schools. In higher education, the students' union is often accorded its own building on the campus, dedicated to social, ...
may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities, these activities are considered to be ''ultra vires'' of the union's charter, and nobody would be compelled by the charter to follow them. An example from the constitutional law of
sovereign state
A sovereign state or sovereign country, is a polity, political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defin ...
s would be a provincial
parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
in a
federal state
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-governi ...
trying to legislate in an area that the constitution allocates exclusively to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be
judicially reviewed and, if found to be beyond power, must cease. Legislation that is found to be beyond power will be "invalid" and of no force; this applies to primary legislation, requiring constitutional authorization, and secondary legislation, ordinarily requiring statutory authorization. In this context, "within power", ''intra vires'', "authorized" and "valid" have the same meaning; as do "beyond power", ''ultra vires'', "not authorized" and "invalid".
In most but not all modern states the constitution has supremacy over ordinary
statutory law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legi ...
(see
Uncodified constitution
An uncodified constitution is a type of constitution where the fundamental rules often take the form of custom (law), customs, usage, precedent and a variety of statutes and legal instruments.Johari, J. C. (2006) ''New Comparative Government'', ...
below); in such states when an official act is unconstitutional, i.e. it is not a power granted to the government by the constitution, that act is ''null and void'', and the nullification is ''
ab initio
''Ab initio'' ( ) is a Latin term meaning "from the beginning" and is derived from the Latin ''ab'' ("from") + ''initio'', ablative singular of ''initium'' ("beginning").
Etymology
Circa 1600, from Latin, literally "from the beginning", from ab ...
'', that is, from inception, not from the date of the finding. It was never "law", even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation. Sometimes the problem is not that a statute is unconstitutional, but that the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance was not allowed or legitimate. In such a case, only that application may be ruled unconstitutional. Historically, the remedies for such violations have been petitions for common law
writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
s, such as ''
quo warranto
In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or ...
''.
Scholars debate whether a constitution must necessarily be
autochthonous
Autochthon, autochthons or autochthonous may refer to:
Fiction
* Autochthon (Atlantis), a character in Plato's myth of Atlantis
* Autochthons, characters in the novel ''The Divine Invasion'' by Philip K. Dick
* Autochthon, a Primordial in the ' ...
, resulting from the nations "spirit".
Hegel
Georg Wilhelm Friedrich Hegel (; ; 27 August 1770 – 14 November 1831) was a German philosopher. He is one of the most important figures in German idealism and one of the founding figures of modern Western philosophy. His influence extends a ...
said "A constitution...is the work of centuries; it is the idea, the consciousness of rationality so far as that consciousness is developed in a particular nation."
History and development
Since 1789, along with the
Constitution of the United States of America
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
(U.S. Constitution), which is the oldest and shortest written constitution still in force, close to 800 constitutions have been adopted and subsequently amended around the world by independent states.
In the late 18th century,
Thomas Jefferson
Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
predicted that a period of 20 years would be the optimal time for any constitution to be still in force, since "the earth belongs to the living, and not to the dead." Indeed, according to recent studies,
[()] the average life of any new written constitution is around 19 years. However, a great number of constitutions do not last more than 10 years, and around 10% do not last more than one year, as was the case of the
French Constitution of 1791
The French Constitution of 1791 (french: Constitution française du 3 septembre 1791) was the first written constitution in France, created after the collapse of the absolute monarchy of the . One of the basic precepts of the French Revolution ...
.
By contrast, some constitutions, notably that of the United States, have remained in force for several centuries, often without major revision for long periods of time.
The most common reasons for these frequent changes are the political desire for an immediate outcome and the short time devoted to the constitutional drafting process.
[()] A study in 2009 showed that the average time taken to draft a constitution is around 16 months,
[()] however there were also some extreme cases registered. For example, the
Myanmar
Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John C. Wells, Joh ...
2008 Constitution was being secretly drafted for more than 17 years,
whereas at the other extreme, during the drafting of
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
's 1946 Constitution, the bureaucrats drafted everything in no more than a week. Japan has the oldest unamended constitution in the world.
The record for the shortest overall process of drafting, adoption, and ratification of a national constitution belongs to the
Romania
Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...
's 1938 constitution, which installed a royal dictatorship in less than a month. Studies showed that typically extreme cases where the constitution-making process either takes too long or is extremely short were non-democracies. Constitutional rights are not a specific characteristic of democratic countries. Non-democratic countries have constitutions, such as that of
North Korea
North Korea, officially the Democratic People's Republic of Korea (DPRK), is a country in East Asia. It constitutes the northern half of the Korea, Korean Peninsula and shares borders with China and Russia to the north, at the Yalu River, Y ...
, which officially grants every citizen, among other rights, the
freedom of expression
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
.
Pre-modern constitutions
Ancient
![Hammurabi](https://upload.wikimedia.org/wikipedia/commons/1/1e/Hammurabi.jpg)
Excavations in modern-day
Iraq
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
by
Ernest de Sarzec
Ernest Choquin de Sarzec (1832–1901) was a French archaeologist, to whom is attributed the discovery of the civilization of ancient Sumer. He was in the French diplomatic service; on being transferred to Basra in 1872 as a vice-consul, he bec ...
in 1877 found evidence of the earliest known
code of justice
A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the cod ...
, issued by the
Sumer
Sumer () is the earliest known civilization in the historical region of southern Mesopotamia (south-central Iraq), emerging during the Chalcolithic and early Bronze Ages between the sixth and fifth millennium BC. It is one of the cradles of c ...
ian king
Urukagina
Uru-ka-gina, Uru-inim-gina, or Iri-ka-gina ( sux, ; 24th century BC, middle chronology) was King of the city-states of Lagash and Girsu in Mesopotamia, and the last ruler of the 1st Dynasty of Lagash. He assumed the title of king, claiming to ...
of
Lagash
Lagash (cuneiform: LAGAŠKI; Sumerian: ''Lagaš''), was an ancient city state located northwest of the junction of the Euphrates and Tigris rivers and east of Uruk, about east of the modern town of Ash Shatrah, Iraq. Lagash (modern Al-Hiba) w ...
c. 2300 BC. Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some rights to his citizens. For example, it is known that it relieved tax for widows and orphans, and protected the poor from the
usury
Usury () is the practice of making unethical or immoral monetary loans that unfairly enrich the lender. The term may be used in a moral sense—condemning taking advantage of others' misfortunes—or in a legal sense, where an interest rate is ch ...
of the rich.
After that, many
governments
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
ruled by special codes of written laws. The oldest such document still known to exist seems to be the
Code of Ur-Nammu
The Code of Ur-Nammu is the oldest known law code surviving today. It is from Mesopotamia and is written on tablets, in the Sumerian language c. 2100–2050 BCE.
Discovery
The first copy of the code, in two fragments found at Nippur, in what is ...
of
Ur (c. 2050 BC). Some of the better-known ancient law codes are the code of
Lipit-Ishtar
Lipit-Ishtar (Akkadian: ''Lipit-Ištar''; '' fl.'' ''c.'' 1870 BC – ''c.'' 1860 BC by the short chronology of the ancient near east) was the 5th king of the First Dynasty of Isin, according to the ''Sumerian King List'' (''SKL''). Also according ...
of
Isin
Isin (, modern Arabic: Ishan al-Bahriyat) is an archaeological site in Al-Qādisiyyah Governorate, Iraq. Excavations have shown that it was an important city-state in the past.
History of archaeological research
Ishan al-Bahriyat was visited b ...
, the
code of Hammurabi
The Code of Hammurabi is a Babylonian legal text composed 1755–1750 BC. It is the longest, best-organised, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian, purportedly by Hamm ...
of
Babylonia
Babylonia (; Akkadian: , ''māt Akkadī'') was an ancient Akkadian-speaking state and cultural area based in the city of Babylon in central-southern Mesopotamia (present-day Iraq and parts of Syria). It emerged as an Amorite-ruled state c. ...
, the
Hittite code, the
Assyrian code, and
Mosaic law
The Law of Moses ( he, תֹּורַת מֹשֶׁה ), also called the Mosaic Law, primarily refers to the Torah or the first five books of the Hebrew Bible. The law revealed to Moses by God.
Terminology
The Law of Moses or Torah of Moses (Hebrew ...
.
In 621 BC, a scribe named
Draco
Draco is the Latin word for serpent or dragon.
Draco or Drako may also refer to:
People
* Draco (lawgiver) (from Greek: Δράκων; 7th century BC), the first lawgiver of ancient Athens, Greece, from whom the term ''draconian'' is derived
* D ...
codified the oral laws of the
city-state
A city-state is an independent sovereign city which serves as the center of political, economic, and cultural life over its contiguous territory. They have existed in many parts of the world since the dawn of history, including cities such as ...
of
Athens
Athens ( ; el, Αθήνα, Athína ; grc, Ἀθῆναι, Athênai (pl.) ) is both the capital and largest city of Greece. With a population close to four million, it is also the seventh largest city in the European Union. Athens dominates ...
; this code prescribed the
death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
for many offenses (thus creating the modern term "draconian" for very strict rules). In 594 BC,
Solon
Solon ( grc-gre, Σόλων; BC) was an Athenian statesman, constitutional lawmaker and poet. He is remembered particularly for his efforts to legislate against political, economic and moral decline in Archaic Athens.Aristotle ''Politics'' ...
, the ruler of Athens, created the new ''
Solonian Constitution
The Solonian constitution was created by Solon in the early 6th century BC. At the time of Solon the Athenian State was almost falling to pieces in consequence of dissensions between the parties into which the population was divided. Solon wanted ...
''. It eased the burden of the workers, and determined that membership of the ruling class was to be based on wealth (
plutocracy
A plutocracy () or plutarchy is a society that is ruled or controlled by people of great wealth or income. The first known use of the term in English dates from 1631. Unlike most political systems, plutocracy is not rooted in any established ...
), rather than on birth (
aristocracy
Aristocracy (, ) is a form of government that places strength in the hands of a small, privileged ruling class, the aristocracy (class), aristocrats. The term derives from the el, αριστοκρατία (), meaning 'rule of the best'.
At t ...
).
Cleisthenes
Cleisthenes ( ; grc-gre, Κλεισθένης), or Clisthenes (c. 570c. 508 BC), was an ancient Athenian lawgiver credited with reforming the constitution of ancient Athens and setting it on a democratic footing in 508 BC. For these accomplishm ...
again reformed the Athenian constitution and set it on a democratic footing in 508 BC.
Aristotle
Aristotle (; grc-gre, Ἀριστοτέλης ''Aristotélēs'', ; 384–322 BC) was a Greek philosopher and polymath during the Classical period in Ancient Greece. Taught by Plato, he was the founder of the Peripatetic school of phil ...
(c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and
constitutionalism
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
Political organizations are constitutional ...
, and attempting to classify different forms of constitutional government. The most basic definition he used to describe a constitution in general terms was "the arrangement of the offices in a state". In his works ''
Constitution of Athens'', ''
Politics
Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
'', and ''
Nicomachean Ethics
The ''Nicomachean Ethics'' (; ; grc, Ἠθικὰ Νικομάχεια, ) is Aristotle's best-known work on ethics, the science of the good for human life, which is the goal or end at which all our actions aim. (I§2) The aim of the inquiry is ...
'', he explores different constitutions of his day, including those of Athens,
Sparta
Sparta ( Doric Greek: Σπάρτα, ''Spártā''; Attic Greek: Σπάρτη, ''Spártē'') was a prominent city-state in Laconia, in ancient Greece. In antiquity, the city-state was known as Lacedaemon (, ), while the name Sparta referre ...
, and
Carthage
Carthage was the capital city of Ancient Carthage, on the eastern side of the Lake of Tunis in what is now Tunisia. Carthage was one of the most important trading hubs of the Ancient Mediterranean and one of the most affluent cities of the classi ...
. He classified both what he regarded as good and what he regarded as bad constitutions, and came to the conclusion that the best constitution was a mixed system including monarchic, aristocratic, and democratic elements. He also distinguished between citizens, who had the right to participate in the state, and non-citizens and slaves, who did not.
The Romans initially codified their constitution in 450 BC as the ''
Twelve Tables
The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornblowe ...
''. They operated under a series of laws that were added from time to time, but
Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
was not reorganised into a single code until the ''
Codex Theodosianus
The ''Codex Theodosianus'' (Eng. Theodosian Code) was a compilation of the laws of the Roman Empire under the Christian emperors since 312. A commission was established by Emperor Theodosius II and his co-emperor Valentinian III on 26 March 429 a ...
'' (438 AD); later, in the Eastern Empire, the ''
Codex repetitæ prælectionis'' (534) was highly influential throughout Europe. This was followed in the east by the ''Ecloga'' of
Leo III the Isaurian
Leo III the Isaurian ( gr, Λέων ὁ Ἴσαυρος, Leōn ho Isauros; la, Leo Isaurus; 685 – 18 June 741), also known as the Syrian, was Byzantine Emperor from 717 until his death in 741 and founder of the Isaurian dynasty. He put an en ...
(740) and the ''Basilica'' of
Basil I
Basil I, called the Macedonian ( el, Βασίλειος ὁ Μακεδών, ''Basíleios ō Makedṓn'', 811 – 29 August 886), was a Byzantine Emperor who reigned from 867 to 886. Born a lowly peasant in the theme of Macedonia, he rose in the ...
(878).
The ''
Edicts of Ashoka
The Edicts of Ashoka are a collection of more than thirty inscriptions on the Pillars of Ashoka, as well as boulders and cave walls, attributed to Emperor Ashoka of the Maurya Empire who reigned from 268 BCE to 232 BCE. Ashoka used the expres ...
'' established constitutional principles for the 3rd century BC
Maurya
The Maurya Empire, or the Mauryan Empire, was a geographically extensive Iron Age historical power in the Indian subcontinent based in Magadha, having been founded by Chandragupta Maurya in 322 BCE, and existing in loose-knit fashion until 1 ...
king's rule in
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
. For constitutional principles almost lost to antiquity, see the
code of Manu
The ''Manusmṛiti'' ( sa, मनुस्मृति), also known as the ''Mānava-Dharmaśāstra'' or Laws of Manu, is one of the many legal texts and constitution among the many ' of Hinduism. In ancient India, the sages often wrote their ...
.
Early Middle Ages
Many of the Germanic peoples that filled the power vacuum left by the
Western Roman Empire
The Western Roman Empire comprised the western provinces of the Roman Empire at any time during which they were administered by a separate independent Imperial court; in particular, this term is used in historiography to describe the period fr ...
in the
Early Middle Ages
The Early Middle Ages (or early medieval period), sometimes controversially referred to as the Dark Ages, is typically regarded by historians as lasting from the late 5th or early 6th century to the 10th century. They marked the start of the Mi ...
codified their laws. One of the first of these
Germanic law codes to be written was the Visigothic ''Code of
Euric
Euric (Gothic: ''* Aiwareiks'', see ''Eric''), also known as Evaric, or Eurico in Spanish and Portuguese (c. 420 – 28 December 484), son of Theodoric I, ruled as king (''rex'') of the Visigoths, after murdering his brother, Theodoric II, from ...
'' (471 AD). This was followed by the ''
Lex Burgundionum
The ''Lex Burgundionum'' (Latin for Burgundian Laws, also ''Lex Gundobada'') refers to the law code of the Burgundians, probably issued by king Gundobad. It is influenced by Roman law and deals with domestic laws concerning marriage and inheritan ...
'', applying separate codes for Germans and for Romans; the ''
Pactus Alamannorum The Lex Alamannorum and Pactus Alamannorum were two early medieval law codes of the Alamanni. They were first edited in parts in 1530 by Johannes Sichard in Basel.
Pactus Alamannorum
The ''Pactus Alamannorum'' or ''Pactus legis Alamannorum'' is th ...
''; and the
Salic Law
The Salic law ( or ; la, Lex salica), also called the was the ancient Frankish civil law code compiled around AD 500 by the first Frankish King, Clovis. The written text is in Latin and contains some of the earliest known instances of Old Du ...
of the
Franks
The Franks ( la, Franci or ) were a group of Germanic peoples whose name was first mentioned in 3rd-century Roman sources, and associated with tribes between the Lower Rhine and the Ems River, on the edge of the Roman Empire.H. Schutz: Tools, ...
, all written soon after 500. In 506, the ''
Breviarum'' or ''"Lex Romana"'' of
Alaric II
Alaric II ( got, 𐌰𐌻𐌰𐍂𐌴𐌹𐌺𐍃, , "ruler of all"; la, Alaricus; – August 507) was the King of the Visigoths from 484 until 507. He succeeded his father Euric as king of the Visigoths in Toulouse on 28 December 484; he was ...
, king of the Visigoths, adopted and consolidated the ''Codex Theodosianus'' together with assorted earlier Roman laws. Systems that appeared somewhat later include the ''
Edictum Rothari
The ''Edictum Rothari'' (lit. ''Edict of Rothari''; also ''Edictus Rothari'' or ''Edictum Rotharis'') was the first written compilation of Lombards, Lombard law, codified and promulgated on 22 November 643 by King Rothari in Pavia by a gairethinx, ...
'' of the
Lombards
The Lombards () or Langobards ( la, Langobardi) were a Germanic people who ruled most of the Italian Peninsula from 568 to 774.
The medieval Lombard historian Paul the Deacon wrote in the ''History of the Lombards'' (written between 787 and ...
(643), the ''
Lex Visigothorum
The ''Visigothic Code'' ( la, Forum Iudicum, Liber Iudiciorum; es, Fuero Juzgo, ''Book of the Judgements''), also called ''Lex Visigothorum'' (English: ''Law of the Visigoths''), is a set of laws first promulgated by king Chindasuinth (642–653 ...
'' (654), the ''Lex Alamannorum'' (730), and the ''
Lex Frisionum ''Lex Frisionum'', the "Law Code of the Frisians", was recorded in Latin during the reign of Charlemagne, after the year 785, when the Frankish conquest of Frisia was completed by the final defeat of the Saxon rebel leader Widukind. The law code co ...
'' (c. 785). These continental codes were all composed in Latin, while
Anglo-Saxon
The Anglo-Saxons were a Cultural identity, cultural group who inhabited England in the Early Middle Ages. They traced their origins to settlers who came to Britain from mainland Europe in the 5th century. However, the ethnogenesis of the Anglo- ...
was used for those of England, beginning with the Code of
Æthelberht of Kent
Æthelberht (; also Æthelbert, Aethelberht, Aethelbert or Ethelbert; ang, Æðelberht ; 550 – 24 February 616) was King of Kent from about 589 until his death. The eighth-century monk Bede, in his ''Ecclesiastical History of the Engli ...
(602). Around 893,
Alfred the Great
Alfred the Great (alt. Ælfred 848/849 – 26 October 899) was King of the West Saxons from 871 to 886, and King of the Anglo-Saxons from 886 until his death in 899. He was the youngest son of King Æthelwulf and his first wife Osburh, who bot ...
combined this and two other earlier Saxon codes, with various Mosaic and Christian precepts, to produce the ''
Doom book
The Doom Book, ''Dōmbōc'', Code of Alfred or Legal Code of Ælfred the Great was the code of laws ("dooms" being laws or judgments) compiled by Alfred the Great ( 893 AD). Alfred codified three prior Saxon codes – those of Æthelbe ...
'' code of laws for England.
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
's ''
Seventeen-article constitution
The is, according to the '' Nihon Shoki'' of 720, a document authored by Prince Shōtoku in 604. It was adopted in the reign of Empress Suiko. The emphasis of the document is not so much on the basic laws by which the state was to be governed, suc ...
'' written in 604, reportedly by
Prince Shōtoku
, also known as or , was a semi-legendary regent and a politician of the Asuka period in Japan who served under Empress Suiko. He was the son of Emperor Yōmei and his consort, Princess Anahobe no Hashihito, who was also Yōmei's younger half-s ...
, is an early example of a constitution in Asian political history. Influenced by
Buddhist
Buddhism ( , ), also known as Buddha Dharma and Dharmavinaya (), is an Indian religion or philosophical tradition based on teachings attributed to the Buddha. It originated in northern India as a -movement in the 5th century BCE, and ...
teachings, the document focuses more on social morality than on institutions of government, and remains a notable early attempt at a government constitution.
The
Constitution of Medina
The Constitution of Medina (, ''Dustūr al-Madīna''), also known as the Charter of Medina ( ar, صحيفة المدينة, ''Ṣaḥīfat al-Madīnah''; or: , ''Mīthāq al-Madina'' "Covenant of Medina"), is the modern name given to a document be ...
( ar, صحیفة المدینه, Ṣaḥīfat al-Madīna), also known as the Charter of Medina, was drafted by the
Islamic prophet
Prophets in Islam ( ar, الأنبياء في الإسلام, translit=al-ʾAnbiyāʾ fī al-ʾIslām) are individuals in Islam who are believed to spread God in Islam, God's message on Earth and to serve as models of ideal human behaviour. So ...
Muhammad
Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 Common Era, CE) was an Arab religious, social, and political leader and the founder of Islam. According to Muhammad in Islam, Islamic doctrine, he was a prophet Divine inspiration, di ...
after his flight (
hijra
Hijra, Hijrah, Hegira, Hejira, Hijrat or Hijri may refer to:
Islam
* Hijrah (often written as ''Hejira'' in older texts), the migration of Muhammad from Mecca to Medina in 622 CE
* Migration to Abyssinia or First Hegira, of Muhammad's followers ...
) to Yathrib where he became political leader. It constituted a formal agreement between Muhammad and all of the significant tribes and families of Yathrib (later known as
Medina
Medina,, ', "the radiant city"; or , ', (), "the city" officially Al Madinah Al Munawwarah (, , Turkish: Medine-i Münevvere) and also commonly simplified as Madīnah or Madinah (, ), is the Holiest sites in Islam, second-holiest city in Islam, ...
), including
Muslim
Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
s,
Jew
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""Th ...
s, and
pagan
Paganism (from classical Latin ''pāgānus'' "rural", "rustic", later "civilian") is a term first used in the fourth century by early Christians for people in the Roman Empire who practiced polytheism, or ethnic religions other than Judaism. ...
s. The document was drawn up with the explicit concern of bringing to an end the bitter intertribal fighting between the clans of the Aws (
Aus) and
Khazraj
The Banu Khazraj ( ar, بنو خزرج) is a large Arab tribe based in Medina. They were also in Medina during Muhammad's era.
The Banu Khazraj are a South Arabian tribe that were pressured out of South Arabia in the Karib'il Watar 7th century ...
within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina bringing them within the fold of one community – the
Ummah
' (; ar, أمة ) is an Arabic word meaning "community". It is distinguished from ' ( ), which means a nation with common ancestry or geography. Thus, it can be said to be a supra-national community with a common history.
It is a synonym for ' ...
. The precise dating of the Constitution of Medina remains debated, but generally scholars agree it was written shortly after the
Hijra
Hijra, Hijrah, Hegira, Hejira, Hijrat or Hijri may refer to:
Islam
* Hijrah (often written as ''Hejira'' in older texts), the migration of Muhammad from Mecca to Medina in 622 CE
* Migration to Abyssinia or First Hegira, of Muhammad's followers ...
(622).
In
Wales
Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
, the ''
Cyfraith Hywel
''Cyfraith Hywel'' (; ''Laws of Hywel''), also known as Welsh law ( la, Leges Walliæ), was the system of law practised in medieval Wales before its final conquest by England. Subsequently, the Welsh law's criminal codes were superseded by the ...
'' (Law of Hywel) was codified by
Hywel Dda
Hywel Dda, sometimes anglicised as Howel the Good, or Hywel ap Cadell (died 949/950) was a king of Deheubarth who eventually came to rule most of Wales. He became the sole king of Seisyllwg in 920 and shortly thereafter established Deheubarth ...
c. 942–950.
Middle Ages after 1000
The ''Pravda Yaroslava'', originally combined by
Yaroslav the Wise
Yaroslav the Wise or Yaroslav I Vladimirovich; russian: Ярослав Мудрый, ; uk, Ярослав Мудрий; non, Jarizleifr Valdamarsson; la, Iaroslaus Sapiens () was the Grand Prince of Kiev from 1019 until his death. He was als ...
the
Grand Prince of Kyiv
The Grand Prince of Kiev (sometimes grand duke) was the title of the ruler of Kiev and the ruler of Kievan Rus' from the 10th to 13th centuries. In the 13th century, Kiev became an appanage principality first of the grand prince of Vladimir and ...
, was granted to
Great Novgorod
Veliky Novgorod ( rus, links=no, Великий Новгород, t=Great Newtown, p=vʲɪˈlʲikʲɪj ˈnovɡərət), also known as just Novgorod (), is the largest city and administrative centre of Novgorod Oblast, Russia. It is one of the o ...
around 1017, and in 1054 was incorporated into the ''
Ruska Pravda
The ''Russkaya Pravda'' (Rus' Justice, Rus' Truth, or Russian Justice; orv, Правда роусьскаꙗ, ''Pravda Rusĭskaya'' (13th century, 1280), Правда Руськая, ''Pravda Rus'kaya'' (second half of the 15th century); russian: ...
''; it became the law for all of
Kievan Rus
Kievan Rusʹ, also known as Kyivan Rusʹ ( orv, , Rusĭ, or , , ; Old Norse: ''Garðaríki''), was a state in Eastern and Northern Europe from the late 9th to the mid-13th century.John Channon & Robert Hudson, ''Penguin Historical Atlas of ...
. It survived only in later editions of the 15th century.
In England,
Henry I's proclamation of the
Charter of Liberties
The Charter of Liberties, also called the Coronation Charter, or Statutes of the Realm, was a written proclamation by Henry I of England, issued upon his accession to the throne in 1100. It sought to bind the King to certain laws regarding the t ...
in 1100 bound the king for the first time in his treatment of the clergy and the nobility. This idea was extended and refined by the English barony when they forced
King John King John may refer to:
Rulers
* John, King of England (1166–1216)
* John I of Jerusalem (c. 1170–1237)
* John Balliol, King of Scotland (c. 1249–1314)
* John I of France (15–20 November 1316)
* John II of France (1319–1364)
* John I o ...
to sign ''
Magna Carta
(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the ...
'' in 1215. The most important single article of the ''Magna Carta'', related to "''
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
''", provided that the king was not permitted to imprison, outlaw, exile or kill anyone at a whim – there must be
due process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
of law first. This article, Article 39, of the ''Magna Carta'' read:
This provision became the cornerstone of English liberty after that point. The
social contract
In moral and political philosophy
Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships betw ...
in the original case was between the king and the nobility, but was gradually extended to all of the people. It led to the system of
Constitutional Monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
, with further reforms shifting the balance of power from the monarchy and nobility to the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
.
The
Nomocanon
A nomocanon ( gr, Νομοκανών, ; from the Greek 'law' and 'a rule') is a collection of ecclesiastical law, consisting of the elements from both the civil law and the canon law. Nomocanons form part of the canon law of the Eastern Cathol ...
of
Saint Sava
Saint Sava ( sr, Свети Сава, Sveti Sava, ; Old Church Slavonic: ; gr, Άγιος Σάββας; 1169 or 1174 – 14 January 1236), known as the Enlightener, was a Serbian prince and Orthodox monk, the first Archbishop of the autocephalou ...
( sr, Законоправило/Zakonopravilo) was the first
Serbia
Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
n constitution from 1219.
St. Sava's Nomocanon
The Nomocanon of Saint Sava ( sr-Cyrl, Номоканон светог Саве), known in Serbian as () or (), was the highest code in the Serbian Orthodox Church, finished in 1219. This legal act was written in simple folk language and its ...
was the compilation of
civil law, based on
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
, and
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
, based on
Ecumenical Councils
An ecumenical council, also called general council, is a meeting of bishops and other church authorities to consider and rule on questions of Christian doctrine, administration, discipline, and other matters in which those entitled to vote ar ...
. Its basic purpose was to organize the functioning of the young
Serbian kingdom and the
Serbian church
The Serbian Orthodox Church ( sr-Cyrl, Српска православна црква, Srpska pravoslavna crkva) is one of the autocephalous (ecclesiastically independent) Eastern Orthodox Christian churches.
The majority of the population in ...
. Saint Sava began the work on the Serbian Nomocanon in 1208 while he was at
Mount Athos
Mount Athos (; el, Ἄθως, ) is a mountain in the distal part of the eponymous Athos peninsula and site of an important centre of Eastern Orthodox monasticism in northeastern Greece. The mountain along with the respective part of the penins ...
, using ''The Nomocanon in Fourteen Titles'', ''Synopsis of Stefan the Efesian'', ''Nomocanon of
John Scholasticus
John Scholasticus or Scholastikos (c. 503 – 31 August 577) was the 32nd patriarch of Constantinople from April 12, 565 until his death in 577. He is also regarded as a saint of the Eastern Orthodox Church.
Life
He was born at Sirimis, in the r ...
'', and Ecumenical Council documents, which he modified with the canonical commentaries of Aristinos and
Joannes Zonaras
Joannes or John Zonaras ( grc-gre, Ἰωάννης Ζωναρᾶς ; 1070 – 1140) was a Byzantine Greek historian, chronicler and theologian who lived in Constantinople (modern-day Istanbul, Turkey). Under Emperor Alexios I Komnenos he held th ...
, local church meetings, rules of the
Holy Fathers
The Church Fathers, Early Church Fathers, Christian Fathers, or Fathers of the Church were ancient and influential Christian theologians and writers who established the intellectual and doctrinal foundations of Christianity. The historical per ...
, the law of
Moses
Moses hbo, מֹשֶׁה, Mōše; also known as Moshe or Moshe Rabbeinu (Mishnaic Hebrew: מֹשֶׁה רַבֵּינוּ, ); syr, ܡܘܫܐ, Mūše; ar, موسى, Mūsā; grc, Mωϋσῆς, Mōÿsēs () is considered the most important pro ...
, the translation of Prohiron, and the
Byzantine emperors
This is a list of the Byzantine emperors from the foundation of Constantinople in 330 AD, which marks the conventional start of the Eastern Roman Empire, to its fall to the Ottoman Empire in 1453 AD. Only the emperors who were recognized as le ...
'
Novellae In Roman law, a novel ( la, novella constitutio, "new decree"; gr, νεαρά, neara) is a new decree or edict, in other words a new law. The term was used from the fourth century AD onwards and was specifically used for laws issued after the publi ...
(most were taken from
Justinian
Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565.
His reign is marked by the ambitious but only partly realized ''renovat ...
's Novellae). The Nomocanon was a completely new compilation of civil and canonical regulations, taken from
Byzantine
The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire primarily in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinopl ...
sources but completed and reformed by St. Sava to function properly in Serbia. Besides decrees that organized the life of church, there are various norms regarding civil life; most of these were taken from Prohiron.
Legal transplants The term legal transplant was coined in the 1970s by the Scottish legal scholar W.A.J. 'Alan' Watson to indicate the moving of a rule or a system of law from one country to another (A. Watson, ''Legal Transplants: An Approach to Comparative Law'', ...
of
Roman
Roman or Romans most often refers to:
*Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*''Epistle to the Romans'', shortened to ''Romans'', a letter ...
-
Byzantine law
Byzantine law was essentially a continuation of Roman law with increased Orthodox Christian and Hellenistic influence. Most sources define ''Byzantine law'' as the Roman legal traditions starting after the reign of Justinian I in the 6th century ...
became the basis of the Serbian medieval law. The essence of Zakonopravilo was based on
Corpus Iuris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...
.
Stefan Dušan
Stefan Uroš IV Dušan ( sr-Cyrl, Стефан Урош IV Душан, ), known as Dušan the Mighty ( sr, / ; circa 1308 – 20 December 1355), was the King of Serbia from 8 September 1331 and Tsar (or Emperor) and autocrat of the Serbs, Gr ...
, emperor of Serbs and Greeks, enacted
Dušan's Code
Dušan's Code ( sr-cyr, Душанов законик, ''Dušanov zakonik'', known historically as ''Закон благовјернаго цара Стефана'' – Law of the pious Emperor Stefan) is a compilation of several legal systems th ...
( sr, Душанов Законик/Dušanov Zakonik) in
Serbia
Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
, in two state congresses: in 1349 in
Skopje
Skopje ( , , ; mk, Скопје ; sq, Shkup) is the capital and largest city of North Macedonia. It is the country's political, cultural, economic, and academic centre.
The territory of Skopje has been inhabited since at least 4000 BC; r ...
and in 1354 in
Serres
Sérres ( el, Σέρρες ) is a city in Macedonia, Greece, capital of the Serres regional unit and second largest city in the region of Central Macedonia, after Thessaloniki.
Serres is one of the administrative and economic centers of Northe ...
. It regulated all social spheres, so it was the second Serbian constitution, after St. Sava's Nomocanon (Zakonopravilo). The Code was based on
Roman
Roman or Romans most often refers to:
*Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*''Epistle to the Romans'', shortened to ''Romans'', a letter ...
-
Byzantine law
Byzantine law was essentially a continuation of Roman law with increased Orthodox Christian and Hellenistic influence. Most sources define ''Byzantine law'' as the Roman legal traditions starting after the reign of Justinian I in the 6th century ...
. The legal
transplanting
In agriculture and gardening, transplanting or replanting is the technique of moving a plant from one location to another. Most often this takes the form of starting a plant from seed in optimal conditions, such as in a greenhouse or protected Pl ...
within articles 171 and 172 of Dušan's Code, which regulated the juridical independence, is notable. They were taken from the Byzantine code
Basilika
The ''Basilika'' was a collection of laws completed c. 892 AD in Constantinople by order of the Eastern Roman emperor Leo VI the Wise during the Macedonian dynasty. This was a continuation of the efforts of his father, Basil I, to simplify and ...
(book VII, 1, 16–17).
In 1222, Hungarian King
Andrew II issued the
Golden Bull of 1222
The Golden Bull of 1222 was a golden bull, or edict, issued by Andrew II of Hungary. King Andrew II was forced by his nobles to accept the Golden Bull (Aranybulla), which was one of the first examples of constitutional limits being placed on the ...
.
Between 1220 and 1230, a
Saxon
The Saxons ( la, Saxones, german: Sachsen, ang, Seaxan, osx, Sahson, nds, Sassen, nl, Saksen) were a group of Germanic
*
*
*
*
peoples whose name was given in the early Middle Ages to a large country (Old Saxony, la, Saxonia) near the Nor ...
administrator,
Eike von Repgow
Eike of Repgow (german: Eike von Repgow, also ''von Repkow'', ''von Repko'', ''von Repchow'' or ''von Repchau''; – ) was a medieval German administrator who compiled the ''Sachsenspiegel'' code of law in the 13th century.
Life
Little is known a ...
, composed the ''
Sachsenspiegel
The (; gml, Sassen Speyghel; modern nds, Sassenspegel; all literally "Saxon Mirror") is one of the most important law books and custumals compiled during the Holy Roman Empire. Originating between 1220 and 1235 as a record of existing loc ...
'', which became the supreme law used in parts of Germany as late as 1900.
Around 1240, the
Copt
Copts ( cop, ⲛⲓⲣⲉⲙⲛ̀ⲭⲏⲙⲓ ; ar, الْقِبْط ) are a Christians, Christian ethnoreligious group indigenous to North Africa who have primarily inhabited the area of modern Egypt and Sudan since Ancient history, antiqui ...
ic Egyptian Christian writer,
'Abul Fada'il Ibn al-'Assal, wrote the ''
Fetha Negest
The Fetha Negest ( gez, ፍትሐ ነገሥት, fətḥa nägäśt, Justice of the Kings) is a theocratic legal code compiled around 1240 by the Coptic Egyptian Christian writer Abu'l-Fada'il ibn al-Assal in Arabic. It was later translated into G ...
'' in
Arabic
Arabic (, ' ; , ' or ) is a Semitic languages, Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C ...
. 'Ibn al-Assal took his laws partly from apostolic writings and Mosaic law and partly from the former
Byzantine
The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire primarily in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinopl ...
codes. There are a few historical records claiming that this law code was translated into
Ge'ez and entered Ethiopia around 1450 in the reign of
Zara Yaqob
Zara Yaqob ( Ge'ez: ዘርዐ ያዕቆብ; 1399 – 26 August 1468) was Emperor of Ethiopia, and a member of the Solomonic dynasty who ruled under the regnal name Kwestantinos I (Ge'ez: ቈስታንቲኖስ, "Constantine"). He is known for t ...
. Even so, its first recorded use in the function of a constitution (supreme law of the land) is with
Sarsa Dengel
Sarsa Dengel ( gez, ሠርጸ ድንግል ; 1550 – 4 October 1597), also known as Sarsa the Great, was Emperor of Ethiopia, and a member of the Solomonic dynasty. His throne name was throne name Malak Sagad I (መለክ ሰገድ ).
Biograp ...
beginning in 1563. The ''Fetha Negest'' remained the supreme law in Ethiopia until 1931, when a modern-style
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
was first granted by Emperor
Haile Selassie
Haile Selassie I ( gez, ቀዳማዊ ኀይለ ሥላሴ, Qädamawi Häylä Səllasé, ; born Tafari Makonnen; 23 July 189227 August 1975) was Emperor of Ethiopia from 1930 to 1974. He rose to power as Regent Plenipotentiary of Ethiopia (' ...
I.
![ConstCATMonso1535](https://upload.wikimedia.org/wikipedia/commons/3/32/ConstCATMonso1535.png)
In the
Principality of Catalonia
The Principality of Catalonia ( ca, Principat de Catalunya, la, Principatus Cathaloniæ, oc, Principat de Catalonha, es, Principado de Cataluña) was a Middle Ages, medieval and early modern state (polity), state in the northeastern Iberian P ...
, the
Catalan constitutions were promulgated by the Court from 1283 (or even two centuries before, if
Usatges of Barcelona
The Usages of Barcelona ( ca, Usatges de Barcelona, {{IPA-ca, uˈzadʒəz ðə βəɾsəˈlonə, IPA; la, Usatici Barchinonae) were the customs that form the basis for the Catalan Constitutions. They are the fundamental laws and basic rights ...
is considered part of the compilation of Constitutions) until 1716, when
Philip V of Spain
Philip V ( es, Felipe; 19 December 1683 – 9 July 1746) was King of Spain from 1 November 1700 to 14 January 1724, and again from 6 September 1724 to his death in 1746. His total reign of 45 years is the longest in the history of the Spanish mon ...
gave the
Nueva Planta decrees
The Nueva Planta decrees ( es, link=no, Decretos de Nueva Planta, ca, Decrets de Nova Planta, en, link=no, "Decrees of the New Plant") were a number of decrees signed between 1707 and 1716 by Philip V, the first Bourbon King of Spain, during ...
, finishing with the historical laws of
Catalonia
Catalonia (; ca, Catalunya ; Aranese Occitan: ''Catalonha'' ; es, Cataluña ) is an autonomous community of Spain, designated as a ''nationality'' by its Statute of Autonomy.
Most of the territory (except the Val d'Aran) lies on the north ...
. These Constitutions were usually made formally as a royal initiative, but required for its approval or repeal the favorable vote of the
Catalan Courts
The Catalan Courts or General Court of Catalonia ( ca, Corts Catalanes or ) was the policymaking and parliamentary body of the Principality of Catalonia from the 13th to the 18th century.
Composed by the king and the three estates of the realm ...
, the medieval antecedent of the modern Parliaments. These laws, like other modern constitutions, had preeminence over other laws, and they could not be contradicted by mere decrees or edicts of the king.
The
Kouroukan Founga was a 13th-century charter of the
Mali Empire
The Mali Empire ( Manding: ''Mandé''Ki-Zerbo, Joseph: ''UNESCO General History of Africa, Vol. IV, Abridged Edition: Africa from the Twelfth to the Sixteenth Century'', p. 57. University of California Press, 1997. or Manden; ar, مالي, Māl ...
, reconstructed from oral tradition in 1988 by
Siriman Kouyaté.
The
Golden Bull of 1356
The Golden Bull of 1356 (, , , , ) was a decree issued by the Imperial Diet at Nuremberg and Metz ( Diet of Metz, 1356/57) headed by the Emperor Charles IV which fixed, for a period of more than four hundred years, important aspects of the con ...
was a decree issued by a ''
Reichstag'' in Nuremberg headed by Emperor
Charles IV that fixed, for a period of more than four hundred years, an important aspect of the constitutional structure of the
Holy Roman Empire
The Holy Roman Empire was a Polity, political entity in Western Europe, Western, Central Europe, Central, and Southern Europe that developed during the Early Middle Ages and continued until its Dissolution of the Holy Roman Empire, dissolution i ...
.
In
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, the
Hongwu Emperor
The Hongwu Emperor (21 October 1328 – 24 June 1398), personal name Zhu Yuanzhang (), courtesy name Guorui (), was the founding emperor of the Ming dynasty of China, reigning from 1368 to 1398.
As famine, plagues and peasant revolts in ...
created and refined a document he called ''
Ancestral Injunctions
The ''Huang-Ming Zuxun'' (''Instructions of the Ancestor of the August Ming'') were admonitions left by the Hongwu Emperor Zhu Yuanzhang, the founder of the Chinese Ming dynasty
The Ming dynasty (), officially the Great Ming, was an Dynas ...
'' (first published in 1375, revised twice more before his death in 1398). These rules served as a constitution for the
Ming Dynasty
The Ming dynasty (), officially the Great Ming, was an Dynasties in Chinese history, imperial dynasty of China, ruling from 1368 to 1644 following the collapse of the Mongol Empire, Mongol-led Yuan dynasty. The Ming dynasty was the last ort ...
for the next 250 years.
The oldest written document still governing a sovereign nation today is that of
San Marino
San Marino (, ), officially the Republic of San Marino ( it, Repubblica di San Marino; ), also known as the Most Serene Republic of San Marino ( it, Serenissima Repubblica di San Marino, links=no), is the fifth-smallest country in the world an ...
. The ''
Leges Statutae Republicae Sancti Marini'' was written in Latin and consists of six books. The first book, with 62 articles, establishes councils, courts, various executive officers, and the powers assigned to them. The remaining books cover criminal and civil law and judicial procedures and remedies. Written in 1600, the document was based upon the ''Statuti Comunali'' (Town Statute) of 1300, itself influenced by the ''Codex Justinianus'', and it remains in force today.
In 1392 the ''
Carta de Logu
The Carta de Logu was a legal code of the Judicate of Arborea, written in the Sardinian language and promulgated by the ("Lady Judge") Eleanor of Arborea in 1392. It was in force in Sardinia until it was superseded by the Savoyard code of Cha ...
'' was
legal code
A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the cod ...
of the
Giudicato of Arborea
The Judicate of Arborea ( sc, Judicadu de Arbaree, it, Giudicato di Arborea, ) or the Kingdom of Arborea (, , ) was one of the four independent judicates into which the island of Sardinia was divided in the Middle Ages. It occupied the central ...
promulgated by the ''giudicessa''
Eleanor
Eleanor () is a feminine given name, originally from an Old French adaptation of the Old Provençal name ''Aliénor''. It is the name of a number of women of royalty and nobility in western Europe during the High Middle Ages.
The name was introd ...
. It was in force in
Sardinia
Sardinia ( ; it, Sardegna, label=Italian, Corsican and Tabarchino ; sc, Sardigna , sdc, Sardhigna; french: Sardaigne; sdn, Saldigna; ca, Sardenya, label=Algherese and Catalan) is the second-largest island in the Mediterranean Sea, after ...
until it was superseded by the code of
Charles Felix in April 1827. The Carta was a work of great importance in
Sardinia
Sardinia ( ; it, Sardegna, label=Italian, Corsican and Tabarchino ; sc, Sardigna , sdc, Sardhigna; french: Sardaigne; sdn, Saldigna; ca, Sardenya, label=Algherese and Catalan) is the second-largest island in the Mediterranean Sea, after ...
n history. It was an organic, coherent, and systematic work of legislation encompassing the
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
and
penal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
.
The ''
Gayanashagowa'', the oral constitution of the
Haudenosaunee
The Iroquois ( or ), officially the Haudenosaunee ( meaning "people of the longhouse"), are an Iroquoian Peoples, Iroquoian-speaking Confederation#Indigenous confederations in North America, confederacy of First Nations in Canada, First Natio ...
nation also known as the Great Law of Peace, established a system of governance as far back as 1190 AD (though perhaps more recently at 1451) in which the
Sachem
Sachems and sagamores are paramount chiefs among the Algonquians or other Native American tribes of northeastern North America, including the Iroquois. The two words are anglicizations of cognate terms (c. 1622) from different Eastern Al ...
s, or tribal chiefs, of the Iroquois League's member nations made decisions on the basis of universal consensus of all chiefs following discussions that were initiated by a single nation. The position of Sachem descends through families and are allocated by the senior female clan heads, though, prior to the filling of the position, candidacy is ultimately democratically decided by the community itself.
Modern constitutions
In 1634 the
Kingdom of Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic countries, Nordic c ...
adopted the
1634 Instrument of Government, drawn up under the
Lord High Chancellor of Sweden
The Lord High Chancellor ( sv, Rikskansler), literally ''Chancellor of the Realm'', was a prominent and influential office in Sweden, from 1538 until 1799, excluding periods when the office was out of use. The office holder was a member of the Priv ...
Axel Oxenstierna
Axel Gustafsson Oxenstierna af Södermöre (; 1583–1654), Count of Södermöre, was a Swedish statesman. He became a member of the Swedish Privy Council in 1609 and served as Lord High Chancellor of Sweden from 1612 until his death. He was a c ...
after the death of king
Gustavus Adolphus
Gustavus Adolphus (9 December Old_Style_and_New_Style_dates">N.S_19_December.html" ;"title="Old_Style_and_New_Style_dates.html" ;"title="/nowiki>Old Style and New Style dates">N.S 19 December">Old_Style_and_New_Style_dates.html" ;"title="/now ...
, it can be seen as the first written constitution adopted by a modern state.
In 1639, the
Colony of Connecticut
The ''Connecticut Colony'' or ''Colony of Connecticut'', originally known as the Connecticut River Colony or simply the River Colony, was an English colony in New England which later became Connecticut. It was organized on March 3, 1636 as a settl ...
adopted the
Fundamental Orders
The Fundamental Orders were adopted by the Connecticut Colony council on . The fundamental orders describe the government set up by the Connecticut River New England town, towns, setting its structure and powers. They wanted the government to hav ...
, which was the first
North America
North America is a continent in the Northern Hemisphere and almost entirely within the Western Hemisphere. It is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South America and the Car ...
n constitution, and is the basis for every new Connecticut constitution since, and is also the reason for
Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
's nickname, "the
Constitution State".
The
English Protectorate
The Protectorate, officially the Commonwealth of England, Scotland and Ireland, refers to the period from 16 December 1653 to 25 May 1659 during which England, Wales, Scotland, Ireland and associated territories were joined together in the Com ...
that was set up by
Oliver Cromwell
Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three Ki ...
after the
English Civil War
The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of re ...
promulgated the first detailed written constitution adopted by a modern state; it was called the
Instrument of Government
The Instrument of Government was a constitution of the Commonwealth of England, Scotland and Ireland. Drafted by Major-General John Lambert in 1653, it was the first sovereign codified and written constitution in England.
Antecedence
The '' ...
. This formed the basis of government for the short-lived republic from 1653 to 1657 by providing a legal rationale for the increasing power of Cromwell after Parliament consistently failed to govern effectively. Most of the concepts and ideas embedded into modern constitutional theory, especially
bicameralism
Bicameralism is a type of legislature, one divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and ...
,
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
, the written constitution, and
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
, can be traced back to the experiments of that period.
Drafted by
Major-General John Lambert in 1653, the ''Instrument of Government'' included elements incorporated from an earlier document "
Heads of Proposals
The Heads of Proposals was a set of propositions intended to be a basis for a constitutional settlement after King Charles I was defeated in the First English Civil War. The authorship of the Proposals has been the subject of scholarly debate, alt ...
", which had been agreed to by the
Army Council in 1647, as a set of propositions intended to be a basis for a constitutional settlement after King
Charles I Charles I may refer to:
Kings and emperors
* Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings
* Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily
* Charles I of ...
was defeated in the
First English Civil War
The First English Civil War took place in England and Wales from 1642 to 1646, and forms part of the 1639 to 1653 Wars of the Three Kingdoms. They include the Bishops' Wars, the Irish Confederate Wars, the Second English Civil War, the Anglo ...
. Charles had rejected the propositions, but before the start of the Second Civil War, the
Grandees
Grandee (; es, Grande de España, ) is an official aristocratic title conferred on some Spanish nobility. Holders of this dignity enjoyed similar privileges to those of the peerage of France during the , though in neither country did they ha ...
of the
New Model Army
The New Model Army was a standing army formed in 1645 by the Parliamentarians during the First English Civil War, then disbanded after the Stuart Restoration in 1660. It differed from other armies employed in the 1639 to 1653 Wars of the Th ...
had presented the ''Heads of Proposals'' as their alternative to the more radical
Agreement of the People Agreement may refer to:
Agreements between people and organizations
* Gentlemen's agreement, not enforceable by law
* Trade agreement, between countries
* Consensus, a decision-making process
* Contract, enforceable in a court of law
** Meeting o ...
presented by the Agitators and their civilian supporters at the
Putney Debates
The Putney Debates, which took place from 28 October to 8 November 1647, were a series of discussions over the political settlement that should follow Parliament's victory over Charles I in the First English Civil War. The main participants were ...
.
On January 4, 1649, the
Rump Parliament
The Rump Parliament was the English Parliament after Colonel Thomas Pride commanded soldiers to purge the Long Parliament, on 6 December 1648, of those members hostile to the Grandees' intention to try King Charles I for high treason.
"Rump" n ...
declared "that the people are, under God, the original of all just power; that the Commons of England, being chosen by and representing the people, have the supreme power in this nation".
[Fritze, Ronald H. & Robison, William B. (1996). ''Historical dictionary of Stuart England, 1603–1689'', Greenwood Publishing Group,]
p. 228
/ref>
The ''Instrument of Government'' was adopted by Parliament on December 15, 1653, and Oliver Cromwell
Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three Ki ...
was installed as Lord Protector
Lord Protector (plural: ''Lords Protector'') was a title that has been used in British constitutional law for the head of state. It was also a particular title for the British heads of state in respect to the established church. It was sometimes ...
on the following day. The constitution set up a state council consisting of 21 members while executive authority was vested in the office of "Lord Protector of the Commonwealth
Lord Protector (plural: ''Lords Protector'') was a title that has been used in British constitutional law for the head of state. It was also a particular title for the British heads of state in respect to the established church. It was sometimes ...
." This position was designated as a non-hereditary life appointment. The ''Instrument'' also required the calling of triennial Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
s, with each sitting for at least five months.
The ''Instrument of Government'' was replaced in May 1657 by England's second, and last, codified constitution, the Humble Petition and Advice
The Humble Petition and Advice was the second and last codified constitution of England after the Instrument of Government.
On 23 February 1657, during a sitting of the Second Protectorate Parliament, Sir Christopher Packe (politician), Christop ...
, proposed by Sir Christopher Packe. The Petition offered hereditary monarchy
A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy) ...
to Oliver Cromwell
Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three Ki ...
, asserted Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
's control over issuing new taxation
A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal person, legal entity) by a governmental organization in order to fund government spending and various public expenditures (regiona ...
, provided an independent council to advise the king and safeguarded "Triennial" meetings of Parliament. A modified version of the Humble Petition with the clause on kingship removed was ratified on 25 May. This finally met its demise in conjunction with the death of Cromwell and the Restoration
Restoration is the act of restoring something to its original state and may refer to:
* Conservation and restoration of cultural heritage
** Audio restoration
** Film restoration
** Image restoration
** Textile restoration
* Restoration ecology
...
of the monarchy.
Other examples of European constitutions of this era were the Corsican Constitution
The first Corsican Constitution was drawn up in 1755 for the short-lived Corsican Republic independent from Genoa beginning in 1755, and remained in force until the annexation of Corsica by France in 1769. It was written in Tuscan Italian, the la ...
of 1755 and the Swedish Constitution of 1772
The 1772 Instrument of Government ( sv, regeringsform) was the constitution of the Kingdom of Sweden from 1772 to 1809. It was promulgated in the wake of the Revolution of 1772, a self-coup mounted by King Gustav III, and replaced the 1720 Instr ...
.
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 (and before the later Articles of Confederation
The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
and United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
), with the exceptions of Massachusetts, Connecticut and Rhode Island. The adopted its Constitution in 1780, the oldest still-functioning constitution of any U.S. state; while Connecticut and Rhode Island officially continued to operate under their old colonial charters, until they adopted their first state constitutions in 1818 and 1843, respectively.
Democratic constitutions
What is sometimes called the "enlightened constitution" model was developed by philosophers of the Age of Enlightenment
The Age of Enlightenment or the Enlightenment; german: Aufklärung, "Enlightenment"; it, L'Illuminismo, "Enlightenment"; pl, Oświecenie, "Enlightenment"; pt, Iluminismo, "Enlightenment"; es, La Ilustración, "Enlightenment" was an intel ...
such as Thomas Hobbes
Thomas Hobbes ( ; 5/15 April 1588 – 4/14 December 1679) was an English philosopher, considered to be one of the founders of modern political philosophy. Hobbes is best known for his 1651 book ''Leviathan'', in which he expounds an influent ...
, Jean-Jacques Rousseau
Jean-Jacques Rousseau (, ; 28 June 1712 – 2 July 1778) was a Genevan philosopher, writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment throughout Europe, as well as aspects of the French Revolu ...
, and John Locke
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
. The model proposed that constitutional governments should be stable, adaptable, accountable, open and should represent the people (i.e., support democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
).
'' Agreements and Constitutions of Laws and Freedoms of the Zaporizian Host'' was written in 1710 by Pylyp Orlyk
Pylyp Stepanovych Orlyk ( uk, Пилип Степанович Орлик, pl, Filip Orlik; October 11 (21), 1672 – May 26, 1742) was a Zaporozhian Cossack starshyna, Hetman of Ukraine in exile, diplomat, secretary and close associate of Hetman ...
, ''hetman
( uk, гетьман, translit=het'man) is a political title from Central and Eastern Europe, historically assigned to military commanders.
Used by the Czechs in Bohemia since the 15th century. It was the title of the second-highest military co ...
'' of the Zaporozhian Host
Zaporozhian Host (or Zaporizhian Sich) is a term for a military force inhabiting or originating from Zaporizhzhia, the territory beyond the rapids of the Dnieper River in what is Central Ukraine today, from the 15th to the 18th centuries.
These in ...
. It was written to establish a free Zaporozhian-Ukrainian Republic, with the support of Charles XII of Sweden
Charles XII, sometimes Carl XII ( sv, Karl XII) or Carolus Rex (17 June 1682 – 30 November 1718 O.S.), was King of Sweden (including current Finland) from 1697 to 1718. He belonged to the House of Palatinate-Zweibrücken, a branch line of t ...
. It is notable in that it established a democratic standard for the separation of powers in government between the legislative, executive, and judiciary branches, well before the publication of Montesquieu's ''Spirit of the Laws
''The Spirit of Law'' (French: ''De l'esprit des lois'', originally spelled ''De l'esprit des loix''), also known in English as ''The Spirit of the Laws'', is a treatise on political theory, as well as a pioneering work in comparative law, publi ...
''. This Constitution also limited the executive authority of the ''hetman'', and established a democratically elected Cossack parliament called the General Council. However, Orlyk's project for an independent Ukrainian
Ukrainian may refer to:
* Something of, from, or related to Ukraine
* Something relating to Ukrainians, an East Slavic people from Eastern Europe
* Something relating to demographics of Ukraine in terms of demography and population of Ukraine
* So ...
State never materialized, and his constitution, written in exile, never went into effect.
Corsican Constitution
The first Corsican Constitution was drawn up in 1755 for the short-lived Corsican Republic independent from Genoa beginning in 1755, and remained in force until the annexation of Corsica by France in 1769. It was written in Tuscan Italian, the la ...
s of 1755 and 1794 were inspired by Jean-Jacques Rousseau
Jean-Jacques Rousseau (, ; 28 June 1712 – 2 July 1778) was a Genevan philosopher, writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment throughout Europe, as well as aspects of the French Revolu ...
. The latter introduced universal suffrage
Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stanc ...
for property owners.
The Swedish constitution of 1772
The 1772 Instrument of Government ( sv, regeringsform) was the constitution of the Kingdom of Sweden from 1772 to 1809. It was promulgated in the wake of the Revolution of 1772, a self-coup mounted by King Gustav III, and replaced the 1720 Instr ...
was enacted under King Gustavus III
Gustav III (29 March 1792), also called ''Gustavus III'', was King of Sweden from 1771 until his assassination in 1792. He was the eldest son of Adolf Frederick of Sweden and Queen Louisa Ulrika of Prussia.
Gustav was a vocal opponent of what h ...
and was inspired by the separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
by Montesquieu
Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher.
He is the principa ...
. The king also cherished other enlightenment
Enlightenment or enlighten may refer to:
Age of Enlightenment
* Age of Enlightenment, period in Western intellectual history from the late 17th to late 18th century, centered in France but also encompassing (alphabetically by country or culture): ...
ideas (as an enlighted despot) and repealed torture, liberated agricultural trade, diminished the use of the death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
and instituted a form of religious freedom
Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...
. The constitution was commended by Voltaire
François-Marie Arouet (; 21 November 169430 May 1778) was a French Age of Enlightenment, Enlightenment writer, historian, and philosopher. Known by his ''Pen name, nom de plume'' M. de Voltaire (; also ; ), he was famous for his wit, and his ...
.
The United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, ratified June 21, 1788, was influenced by the writings of Polybius
Polybius (; grc-gre, Πολύβιος, ; ) was a Greek historian of the Hellenistic period. He is noted for his work , which covered the period of 264–146 BC and the Punic Wars in detail.
Polybius is important for his analysis of the mixed ...
, Locke, Montesquieu
Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher.
He is the principa ...
, and others. The document became a benchmark for republicanism
Republicanism is a political ideology centered on citizenship in a state organized as a republic. Historically, it emphasises the idea of self-rule and ranges from the rule of a representative minority or oligarchy to popular sovereignty. It ...
and codified constitutions written thereafter.
The Polish–Lithuanian Commonwealth
The Polish–Lithuanian Commonwealth, formally known as the Kingdom of Poland and the Grand Duchy of Lithuania, and, after 1791, as the Commonwealth of Poland, was a bi-confederal state, sometimes called a federation, of Crown of the Kingdom of ...
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
was passed on May 3, 1791.["The first European country to follow the U.S. example was Poland in 1791." ]John Markoff
John Gregory Markoff (born October 24, 1949) is a journalist best known for his work covering technology at ''The New York Times'' for 28 years until his retirement in 2016, and a book and series of articles about the 1990s pursuit and capture ...
, ''Waves of Democracy'', 1996, , p. 121. Its draft was developed by the leading minds of the Enlightenment in Poland
The ideas of the Age of Enlightenment in Poland were developed later than in Western Europe, as the Polish bourgeoisie was weaker, and szlachta (nobility) culture (Sarmatism) together with the Polish–Lithuanian Commonwealth political system (Gol ...
such as King Stanislaw August Poniatowski Stanislav and variants may refer to:
People
*Stanislav (given name), a Slavic given name with many spelling variations (Stanislaus, Stanislas, Stanisław, etc.)
Places
* Stanislav, a coastal village in Kherson, Ukraine
* Stanislaus County, Cali ...
, Stanisław Staszic
Stanisław Wawrzyniec Staszic (baptised 6 November 1755 – 20 January 1826) was a leading figure in the Polish Enlightenment: a Catholic priest, philosopher, geologist, writer, poet, translator and statesman. A physiocrat, monist, pan-Slavist ...
, Scipione Piattoli
Scipione Piattoli (; 10 November 1749 – 12 April 1809) was an Italian Catholic priest—a Piarist—an educator, writer, and political activist, and a major figure of the Enlightenment in Poland. After ten years as a professor at the Universit ...
, Julian Ursyn Niemcewicz
Julian Ursyn Niemcewicz ( , ; 6 February 1758 – 21 May 1841) was a Polish poet, playwright and statesman. He was a leading advocate for the Constitution of 3 May 1791.
Early life
Julian Ursyn Niemcewicz was born 6 February 1758 in Skoki, near ...
, Ignacy Potocki
Count Roman Ignacy Potocki, generally known as Ignacy Potocki (; 1750–1809), was a Polish nobleman, member of the influential magnate Potocki family, owner of Klementowice and Olesin (near Kurów), a politician, writer, and office holder. H ...
and Hugo Kołłątaj
Hugo Stumberg Kołłątaj, also spelled ''Kołłątay'' (pronounced , 1 April 1750 – 28 February 1812), was a prominent Polish constitutional reformer and educationalist, and one of the most prominent figures of the Polish Enlightenment. He se ...
. It was adopted by the Great Sejm
The Great Sejm, also known as the Four-Year Sejm ( Polish: ''Sejm Wielki'' or ''Sejm Czteroletni''; Lithuanian: ''Didysis seimas'' or ''Ketverių metų seimas'') was a Sejm (parliament) of the Polish–Lithuanian Commonwealth that was held in War ...
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 French Constitution of 1791 (french: Constitution française du 3 septembre 1791) was the first written constitution in France, created after the collapse of the absolute monarchy of the . One of the basic precepts of the French Revolution ...
.
The 1811 Constitution of Venezuela
The Constitution of the Bolivarian Republic of Venezuela ( es, Constitución de la República Bolivariana de Venezuela (CRBV)) is the current and twenty-sixth constitution of Venezuela. It was drafted in mid-1999 by a constituent assembly that h ...
was the first Constitution of Venezuela
Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...
and Latin America, promulgated and drafted by Cristóbal Mendoza
José Cristóbal Hurtado de Mendoza y Montilla (23 June 1772 – 8 February 1829), commonly known as Cristóbal Mendoza, was a Venezuelan lawyer, politician, writer, and academic. Cristobal is best known for serving as the first official Presid ...
[Briceño Perozo, Mario. "Mendoza, Cristóbal de" in ''Diccionario de Historia de Venezuela'', Vol. 3. Caracas: Fundación Polar, 1999. ] and Juan Germán Roscio
Juan Germán Roscio (27 May 1763 – 10 March 1821) was a Venezuelan lawyer and politician of Italian background. He served as the secretary of foreign affairs for the Junta of Caracas, as Venezuela's first foreign minister, and as chief o ...
and in Caracas
Caracas (, ), officially Santiago de León de Caracas, abbreviated as CCS, is the capital and largest city of Venezuela, and the center of the Metropolitan Region of Caracas (or Greater Caracas). Caracas is located along the Guaire River in the ...
. It established a federal government but was repealed one year later.
On March 19, the Spanish Constitution of 1812
The Political Constitution of the Spanish Monarchy ( es, link=no, Constitución Política de la Monarquía Española), also known as the Constitution of Cádiz ( es, link=no, Constitución de Cádiz) and as ''La Pepa'', was the first Constituti ...
was ratified by a parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
gathered in Cadiz, the only Spanish continental city which was safe from French occupation
French (french: français(e), link=no) may refer to:
* Something of, from, or related to France
** French language, which originated in France, and its various dialects and accents
** French people, a nation and ethnic group identified with France ...
. The Spanish Constitution served as a model for other liberal constitutions of several South Europe
Southern Europe is the southern region of Europe. It is also known as Mediterranean Europe, as its geography is essentially marked by the Mediterranean Sea. Definitions of Southern Europe include some or all of these countries and regions: Alba ...
an and Latin America
Latin America or
* french: Amérique Latine, link=no
* ht, Amerik Latin, link=no
* pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
n nations, for example, the Portuguese Constitution of 1822
The Portuguese Constitution of 1822 (formally the Political Constitution of the Portuguese Monarchy) ( pt, Constituição Política da Monarquia Portuguesa) approved on 23 September 1822 was the first Portuguese constitution, marking an attempt to ...
, constitutions of various Italian
Italian(s) may refer to:
* Anything of, from, or related to the people of Italy over the centuries
** Italians, an ethnic group or simply a citizen of the Italian Republic or Italian Kingdom
** Italian language, a Romance language
*** Regional Ita ...
states during Carbonari
The Carbonari () was an informal network of secret revolutionary societies active in Italy from about 1800 to 1831. The Italian Carbonari may have further influenced other revolutionary groups in France, Portugal, Spain, Brazil, Uruguay and Ru ...
revolts (i.e., in the Kingdom of the Two Sicilies
The Kingdom of the Two Sicilies ( it, Regno delle Due Sicilie) was a kingdom in Southern Italy from 1816 to 1860. The kingdom was the largest sovereign state by population and size in Italy before Italian unification, comprising Sicily and a ...
), the Norwegian constitution of 1814, or the Mexican Constitution of 1824
The Federal Constitution of the United Mexican States of 1824 ( es, Constitución Federal de los Estados Unidos Mexicanos de 1824) was enacted on October 4 of 1824, after the overthrow of the Mexican Empire of Agustin de Iturbide. In the new Fr ...
.
In Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
, the Constitution of 1824
The Federal Constitution of the United Mexican States of 1824 ( es, Constitución Federal de los Estados Unidos Mexicanos de 1824) was enacted on October 4 of 1824, after the overthrow of the Mexican Empire of Agustin de Iturbide. In the new Fr ...
expressed the option for the monarchy as political system after Brazilian Independence. The leader of the national emancipation process was the Portuguese prince Pedro I, elder son of the king of Portugal. Pedro was crowned in 1822 as first emperor of Brazil. The country was ruled by Constitutional monarchy until 1889, when it adopted the Republican model.
In Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
, as a result of the Napoleonic Wars
The Napoleonic Wars (1803–1815) were a series of major global conflicts pitting the French Empire and its allies, led by Napoleon I, against a fluctuating array of European states formed into various coalitions. It produced a period of Fren ...
, the absolute monarchy
Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constitut ...
lost its personal possession of Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
to Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
. Sweden had already enacted its 1809 Instrument of Government
The 1809 Instrument of Government ( sv, 1809 års regeringsform), adopted on 6 June 1809 by the Riksdag of the Estates and King Charles XIII, was the constitution of the Kingdom of Sweden from 1809 to the end of 1974. It came about as a result ...
, which saw the division of power between the Riksdag
The Riksdag (, ; also sv, riksdagen or ''Sveriges riksdag'' ) is the legislature and the supreme decision-making body of Sweden. Since 1971, the Riksdag has been a unicameral legislature with 349 members (), elected proportionally and se ...
, the king and the judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. However the Norwegians managed to infuse a radically democratic and liberal constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
in 1814, adopting many facets from the American constitution and the revolutionary French ones, but maintaining a hereditary monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
limited by the constitution, like the Spanish one.
The first Swiss Federal Constitution
The Federal Constitution of the Swiss Confederation (SR 10; german: Bundesverfassung der Schweizerischen Eidgenossenschaft (BV); french: Constitution fédérale de la Confédération suisse (Cst.); it, Costituzione federale della Confederaz ...
was put in force in September 1848 (with official revisions in 1878, 1891, 1949, 1971, 1982 and 1999).
The Serbian revolution
The Serbian Revolution ( sr, Српска револуција / ''Srpska revolucija'') was a national uprising and constitutional change in Serbia that took place between 1804 and 1835, during which this territory evolved from an Ottoman prov ...
initially led to a proclamation of a proto-constitution in 1811; the full-fledged Constitution of Serbia followed few decades later, in 1835. The first Serbian constitution (Sretenjski ustav) was adopted at the national assembly in Kragujevac
Kragujevac ( sr-Cyrl, Крагујевац, ) is the fourth largest city in Serbia and the administrative centre of the Šumadija District. It is the historical centre of the geographical region of Šumadija in central Serbia, and is situated on ...
on February 15, 1835.
The Constitution of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...
came into force on July 1, 1867, as the British North America Act, an act of the British Parliament. Over a century later, the BNA Act was patriated to the Canadian Parliament and augmented with the Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
. Apart from the ''Constitution Acts, 1867 to 1982'', Canada's constitution also has unwritten elements based in common law and convention.
Principles of constitutional design
After tribal people first began to live in cities and establish nations, many of these functioned according to unwritten customs, while some developed autocratic, even tyrannical monarchs, who ruled by decree, or mere personal whim. Such rule led some thinkers to take the position that what mattered was not the design of governmental institutions and operations, as much as the character of the rulers. This view can be seen in Plato
Plato ( ; grc-gre, Πλάτων ; 428/427 or 424/423 – 348/347 BC) was a Greek philosopher born in Athens during the Classical period in Ancient Greece. He founded the Platonist school of thought and the Academy, the first institution ...
, who called for rule by "philosopher-kings." Later writers, such as Aristotle
Aristotle (; grc-gre, Ἀριστοτέλης ''Aristotélēs'', ; 384–322 BC) was a Greek philosopher and polymath during the Classical period in Ancient Greece. Taught by Plato, he was the founder of the Peripatetic school of phil ...
, Cicero
Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, and academic skeptic, who tried to uphold optimate principles during the political crises that led to the estab ...
and Plutarch
Plutarch (; grc-gre, Πλούταρχος, ''Ploútarchos''; ; – after AD 119) was a Greek Middle Platonist philosopher, historian, biographer, essayist, and priest at the Temple of Apollo in Delphi. He is known primarily for his ''P ...
, would examine designs for government from a legal and historical standpoint.
The Renaissance
The Renaissance ( , ) , from , with the same meanings. is a period in European history marking the transition from the Middle Ages to modernity and covering the 15th and 16th centuries, characterized by an effort to revive and surpass ideas ...
brought a series of political philosophers who wrote implied criticisms of the practices of monarchs and sought to identify principles of constitutional design that would be likely to yield more effective and just governance from their viewpoints. This began with revival of the Roman law of nations
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
concept and its application to the relations among nations, and they sought to establish customary "laws of war and peace" to ameliorate wars and make them less likely. This led to considerations of what authority monarchs or other officials have and don't have, from where that authority derives, and the remedies for the abuse of such authority.
A seminal juncture in this line of discourse arose in England from the Civil War
A civil war or intrastate war is a war between organized groups within the same state (or country).
The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
, the Cromwellian
Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three Ki ...
Protectorate
A protectorate, in the context of international relations, is a State (polity), state that is under protection by another state for defence against aggression and other violations of law. It is a dependent territory that enjoys autonomy over m ...
, the writings of Thomas Hobbes
Thomas Hobbes ( ; 5/15 April 1588 – 4/14 December 1679) was an English philosopher, considered to be one of the founders of modern political philosophy. Hobbes is best known for his 1651 book ''Leviathan'', in which he expounds an influent ...
, Samuel Rutherford
Samuel Rutherford (also Rutherfurd or Rutherfoord; – 29 March 1661) was a Scottish Presbyterian pastor and theologian who wrote widely read letters, sermons, devotional and scholastic works. As a political theorist, he is known for "L ...
, the Levellers
The Levellers were a political movement active during the Wars of the Three Kingdoms who were committed to popular sovereignty, extended suffrage, equality before the law and religious tolerance. The hallmark of Leveller thought was its populis ...
, John Milton
John Milton (9 December 1608 – 8 November 1674) was an English poet and intellectual. His 1667 epic poem '' Paradise Lost'', written in blank verse and including over ten chapters, was written in a time of immense religious flux and political ...
, and James Harrington, leading to the debate between Robert Filmer
Sir Robert Filmer (c. 1588 – 26 May 1653) was an English political theorist who defended the divine right of kings. His best known work, ''Patriarcha'', published posthumously in 1680, was the target of numerous Whig attempts at rebuttal, ...
, arguing for the divine right of monarchs, on the one side, and on the other, Henry Neville Henry Neville or Nevile may refer to:
*Henry Neville (died c.1415), MP for leicestershire (UK Parliament constituency), leicestershire
*Henry Neville, 5th Earl of Westmorland (1525–1564), English peer
*Henry Neville (Gentleman of the Privy Chamb ...
, James Tyrrell
Sir James Tyrrell (c. 1455 – 6 May 1502) was an English knight, a trusted servant of king Richard III of England. He is known for allegedly confessing to the murders of the Princes in the Tower under Richard's orders. William Shakespeare por ...
, Algernon Sidney
Algernon Sidney or Sydney (15 January 1623 – 7 December 1683) was an English politician, republican political theorist and colonel. A member of the middle part of the Long Parliament and commissioner of the trial of King Charles I of England ...
, and John Locke
John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
. What arose from the latter was a concept of government being erected on the foundations of first, a state of nature governed by natural laws, then a state of society, established by a social contract or compact, which bring underlying natural or social laws, before governments are formally established on them as foundations.
Along the way several writers examined how the design of government was important, even if the government were headed by a monarch. They also classified various historical examples of governmental designs, typically into democracies, aristocracies, or monarchies, and considered how just and effective each tended to be and why, and how the advantages of each might be obtained by combining elements of each into a more complex design that balanced competing tendencies. Some, such as Montesquieu
Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher.
He is the principa ...
, also examined how the functions of government, such as legislative, executive, and judicial, might appropriately be separated into branches. The prevailing theme among these writers was that the design of constitutions is not completely arbitrary or a matter of taste. They generally held that there are underlying principles of design that constrain all constitutions for every polity or organization. Each built on the ideas of those before concerning what those principles might be.
The later writings of Orestes Brownson
Orestes Augustus Brownson (September 16, 1803 – April 17, 1876) was an American intellectual and activist, preacher, labor organizer, and noted Catholic convert and writer.
Brownson was a publicist, a career which spanned his affiliation with ...
would try to explain what constitutional designers were trying to do. According to Brownson there are, in a sense, three "constitutions" involved: The first the ''constitution of nature'' that includes all of what was called "natural law." The second is the ''constitution of society'', an unwritten and commonly understood set of rules for the society formed by a social contract before it establishes a government, by which it establishes the third, a ''constitution of government''. The second would include such elements as the making of decisions by public conventions
Convention may refer to:
* Convention (norm), a custom or tradition, a standard of presentation or conduct
** Treaty, an agreement in international law
* Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a ...
called by public notice
Public notice is a notice given to the public regarding certain types of legal proceedings.
__TOC__
By government
Public notices are issued by a government agency or legislative body in certain rulemaking or lawmaking proceeding.
It is a requ ...
and conducted by established rules of procedure
Parliamentary procedure is the accepted rules, ethics, and customs governing meetings of an assembly or organization. Its object is to allow orderly deliberation upon questions of interest to the organization and thus to arrive at the sense or th ...
. Each constitution must be consistent with, and derive its authority from, the ones before it, as well as from a historical act of society formation or constitutional ratification. Brownson argued that a state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
is a society with effective dominion over a well-defined territory, that consent to a well-designed constitution of government arises from presence on that territory, and that it is possible for provisions of a written constitution of government to be "unconstitutional" if they are inconsistent with the constitutions of nature or society. Brownson argued that it is not ratification alone that makes a written constitution of government legitimate, but that it must also be competently designed and applied.
Other writers have argued that such considerations apply not only to all national constitutions of government, but also to the constitutions of private organizations, that it is not an accident that the constitutions that tend to satisfy their members contain certain elements, as a minimum, or that their provisions tend to become very similar as they are amended after experience with their use. Provisions that give rise to certain kinds of questions are seen to need additional provisions for how to resolve those questions, and provisions that offer no course of action may best be omitted and left to policy decisions. Provisions that conflict with what Brownson and others can discern are the underlying "constitutions" of nature and society tend to be difficult or impossible to execute, or to lead to unresolvable disputes.
Constitutional design has been treated as a kind of metagame
Metagame, Hypergame, or game about the game, is an approach to a game that transcends or operates outside of the prescribed rules of the game, uses external factors to affect the game, or goes beyond the supposed limits or environment set by th ...
in which play consists of finding the best design and provisions for a written constitution that will be the rules for the game of government, and that will be most likely to optimize a balance of the utilities of justice, liberty, and security. An example is the metagame Nomic
Nomic is a game created in 1982 by philosopher Peter Suber, the of which include mechanisms for changing those rules, usually beginning by way of democratic voting. The game demonstrates that in any system where rule changes are possible, a si ...
.
Political economy theory regards constitutions as coordination devices that help citizens to prevent rulers from abusing power. If the citizenry can coordinate a response to police government officials in the face of a constitutional fault, then the government have the incentives to honor the rights that the constitution guarantees. An alternative view considers that constitutions are not enforced by the citizens at-large, but rather by the administrative powers of the state. Because rulers cannot themselves implement their policies, they need to rely on a set of organizations (armies, courts, police agencies, tax collectors) to implement it. In this position, they can directly sanction the government by refusing to cooperate, disabling the authority of the rulers. Therefore, constitutions could be characterized by a self-enforcing equilibria between the rulers and powerful administrators.
Key features
Most commonly, the term ''constitution'' refers to a set of rules and principles that define the nature and extent of government. Most constitutions seek to regulate the relationship between institutions of the state, in a basic sense the relationship between the executive, legislature and the judiciary, but also the relationship of institutions within those branches. For example, executive branches can be divided into a head of government, government departments/ministries, executive agencies and a civil service
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
/administration. Most constitutions also attempt to define the relationship between individuals and the state, and to establish the broad rights of individual citizens. It is thus the most basic law of a territory from which all the other laws and rules are hierarchically derived; in some territories it is in fact called " Basic Law".
Classification
Classification
Codification
A fundamental classification is codification or lack of codification. A codified constitution is one that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten; see constitutional convention.
=Codified constitution
=
Most states in the world have codified constitutions.
Codified constitutions are often the product of some dramatic political change, such as a revolution
In political science, a revolution (Latin: ''revolutio'', "a turn around") is a fundamental and relatively sudden change in political power and political organization which occurs when the population revolts against the government, typically due ...
. The process by which a country adopts a constitution is closely tied to the historical and political context driving this fundamental change. The legitimacy (and often the longevity) of codified constitutions has often been tied to the process by which they are initially adopted and some scholars have pointed out that high constitutional turnover within a given country may itself be detrimental to separation of powers and the rule of law.
States that have codified constitutions normally give the constitution supremacy over ordinary statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
law. That is, if there is any conflict between a legal statute and the codified constitution, all or part of the statute can be declared ''ultra vires'' by a court, and struck down as unconstitutional
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
. In addition, exceptional procedures are often required to amend a constitution. These procedures may include: convocation of a special constituent assembly
A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
or constitutional convention, requiring a supermajority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
of legislators' votes, approval in two terms of parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, the consent of regional legislatures, a referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
process, and/or other procedures that make amending a constitution more difficult than passing a simple law.
Constitutions may also provide that their most basic principles can never be abolished, even by amendment. In case a formally valid amendment of a constitution infringes these principles protected against any amendment, it may constitute a so-called ''unconstitutional constitutional law''.
Codified constitutions normally consist of a ceremonial preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...
, which sets forth the goals of the state and the motivation for the constitution, and several articles containing the substantive provisions. The preamble, which is omitted in some constitutions, may contain a reference to God and/or to fundamental values of the state such as liberty
Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom.
In modern politics, liberty is understood as the state of being free within society fr ...
, democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
or human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
. In ethnic nation-states such as Estonia
Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, a ...
, the mission of the state can be defined as preserving a specific nation, language and culture.
=Uncodified constitution
=
only two sovereign states, New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
and the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, have wholly uncodified constitutions. The Basic Laws of Israel
The Basic Laws of Israel ( he, , Ḥukey HaYesod) are thirteen constitutional laws of the State of Israel, and some of them can only be changed by a supermajority vote in the Knesset (with varying requirements for different Basic Laws and section ...
have since 1950 been intended to be the basis for a constitution, but as of 2017 it had not been drafted. The various Laws are considered to have precedence over other laws, and give the procedure by which they can be amended, typically by a simple majority of members of the Knesset (parliament).[ Article gives information on the procedures for amending each of the Basic Laws of Israel.]
Uncodified constitutions are the product of an "evolution" of laws and conventions over centuries (such as in the Westminster System that developed in Britain). By contrast to codified constitutions, uncodified constitutions include both written sources – e.g. constitutional statutes enacted by the Parliament – and unwritten sources – constitutional conventions, observation of precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
s, royal prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
s, customs
Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs ...
and traditions, such as holding general elections on Thursdays; together these constitute British constitutional law
The constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the United Kingdom, United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most count ...
.
=Mixed constitutions
=
Some constitutions are largely, but not wholly, codified. For example, in the Constitution of Australia, most of its fundamental political principles and regulations concerning the relationship between branches of government, and concerning the government and the individual are codified in a single document, the Constitution of the Commonwealth of Australia. However, the presence of statutes with constitutional significance, namely the Statute of Westminster, as adopted by the Commonwealth in the Statute of Westminster Adoption Act 1942, and the Australia Act 1986 means that Australia's constitution is not contained in a single constitutional document. It means the Constitution of Australia is uncodified, it also contains constitutional conventions, thus is partially unwritten.
The Constitution of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...
resulted from the passage of several British North America Acts from 1867 to the Canada Act 1982, the act that formally severed British Parliament's ability to amend the Canadian constitution. The Canadian constitution includes specific legislative acts as mentioned in section 52(2) of the Constitution Act, 1982. However, some documents not explicitly listed in section 52(2) are also considered constitutional documents in Canada, entrenched via reference; such as the Proclamation of 1763. Although Canada's constitution includes List of Canadian constitutional documents, a number of different statutes, amendments, and references, some constitutional rules that exist in Canada is derived from unwritten sources and constitutional conventions.
The terms ''written constitution'' and ''codified constitution'' are often used interchangeably, as are ''unwritten constitution'' and ''uncodified constitution'', although this usage is technically inaccurate. A codified constitution is a single document; states that do not have such a document have uncodified, but not entirely unwritten, constitutions, since much of an uncodified constitution is usually written in laws such as the Basic Laws of Israel
The Basic Laws of Israel ( he, , Ḥukey HaYesod) are thirteen constitutional laws of the State of Israel, and some of them can only be changed by a supermajority vote in the Knesset (with varying requirements for different Basic Laws and section ...
and the Parliament Acts 1911 and 1949, Parliament Acts of the United Kingdom. Uncodified constitutions largely lack protection against amendment by the government of the time. For example, the U.K. Fixed-term Parliaments Act 2011 legislated by simple majority for strictly Fixed-term election, fixed-term parliaments; until then the ruling party could call a general election at any convenient time up to the maximum term of five years. This change would require a constitutional amendment in most nations.
Amendments
A constitutional amendment is a modification of the constitution of a polity
A polity is an identifiable Politics, political entity – a group of people with a collective identity, who are organized by some form of Institutionalisation, institutionalized social relation, social relations, and have a capacity to mobilize ...
, organization or other type of entity
An entity is something that exists as itself, as a subject or as an object, actually or potentially, concretely or abstractly, physically or not. It need not be of material existence. In particular, abstractions and legal fictions are usually ...
. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (wikt:codicil, codicils), thus changing the frame of government without altering the existing text of the document.
Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation.
Methods of amending
''Some countries are listed under more than one method because alternative procedures may be used.''
Entrenched clauses
An entrenched clause or entrenchment clause of a basic law or constitution is a provision that makes certain amendments either more difficult or impossible to pass, making such amendments inadmissible. Overriding an entrenched clause may require a supermajority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
, a referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
, or the consent of the minority party. For example, the U.S. Constitution has an entrenched clause that Article_Five_of_the_United_States_Constitution#Constitutional_clauses_shielded_from_amendment, prohibits abolishing equal suffrage of the States within the Senate without their consent. The term eternity clause is used in a similar manner in the constitutions of the Constitution of the Czech Republic, Czech Republic, Constitution of Germany, Germany, Constitution of Turkey, Turkey, Constitution of Greece, Greece, Constitution of Italy, Italy, Constitution of Morocco, Morocco, Constitution of the Islamic Republic of Iran, the Islamic Republic of Iran, Constitution of Brazil, Brazil and Constitution of Norway, Norway. Constitution of India, India doesn't contain specific provisions on entrenched clauses but the basic structure doctrine makes it impossible for certain basic features of the Constitution to be altered or destroyed by the Parliament of India through an amendment of the Constitution of India, amendment. Constitution of Colombia, Colombia also doesn't have explicit entrenched clauses but has similarly put a substantive limit on amending fundamental principles of their constitution through judicial interpretations.
Constitutional rights and duties
Constitutions include various rights and duties. These include the following:
* Duty to pay taxes
* Conscription, Duty to serve in the military
* Duty to work
* Suffrage, Right to vote
* Freedom of assembly
* Freedom of association
* Freedom of speech, Freedom of expression
* Freedom of movement
* Freedom of thought
* Freedom of the press
* Freedom of religion
* Right to dignity
* Right to civil marriage
* Right to petition
* Right to academic freedom
* Right to keep and bear arms, Right to bear arms
* Right to Conscientious objector, conscientious objection
* Right to a Right to a fair trial, fair trial
* Right to personal development
* Right to start a family
* Freedom of information laws by country, Right to information
* Right to marriage
* Right of revolution
* Right to privacy
* Right to protect one's reputation
* Right to Renunciation of citizenship, renounce citizenship
* Children's rights, Rights of children
* Rights of debtors
Separation of powers
Constitutions usually explicitly divide power between various branches of government. The standard model, described by the Charles de Secondat, baron de Montesquieu, Baron de Montesquieu, involves three branches of government: executive branch, executive, legislature, legislative and judiciary, judicial. Some constitutions include additional branches, such as an audit, auditory branch. Constitutions vary extensively as to the degree of separation of powers between these branches.
Accountability
In Presidential system, presidential and semi-presidential systems of government, department secretaries/ministers are accountable to the President (government title), president, who has patronage powers to appoint and dismiss ministers. The president is accountable to the people in an election.
In parliamentary systems, Cabinet Ministers are accountable to Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, but it is the prime minister who appoints and dismisses them. In the case of the United Kingdom and other countries with a monarchy, it is the monarch who appoints and dismisses ministers, on the advice of the prime minister. In turn the prime minister will resign if the government loses the confidence of the parliament (or a part of it). Confidence can be lost if the government loses a vote of no confidence or, depending on the country, loses a particularly important vote in parliament, such as vote on the budget. When a government loses confidence, it stays in office until a new government is formed; something which normally but not necessarily required the holding of a general election.
Other independent institutions
Other independent institutions which some constitutions have set out include a central bank, an List of anti-corruption agencies, anti-corruption commission, an Election commission, electoral commission, a judicial oversight body, a human rights commission, a media commission, an ombudsman, and a truth and reconciliation commission.
Power structure
Constitutions also establish where sovereignty is located in the state. There are three basic types of distribution of sovereignty according to the degree of centralisation of power: unitary, federal, and confederal. The distinction is not absolute.
In a unitary state, sovereignty resides in the state itself, and the constitution determines this. The territory of the state may be divided into regions, but they are not sovereign and are subordinate to the state. In the UK, the constitutional doctrine of Parliamentary sovereignty dictates that sovereignty is ultimately contained at the centre. Some powers have been devolution, devolved to Northern Ireland, Scotland, and Wales
Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
(but not England). Some unitary states (Spain is an example) devolve more and more power to sub-national governments until the state functions in practice much like a federal state.
A federal state has a central structure with at most a small amount of territory mainly containing the institutions of the federal government, and several regions (called ''states'', ''provinces'', etc.) which compose the territory of the whole state. Sovereignty is divided between the centre and the constituent regions. The constitutions of Canada and the United States establish federal states, with power divided between the federal government and the provinces or states. Each of the regions may in turn have its own constitution (of unitary nature).
A confederal state comprises again several regions, but the central structure has only limited coordinating power, and sovereignty is located in the regions. Confederal constitutions are rare, and there is often dispute to whether so-called "confederal" states are actually federal.
To some extent a group of states which do not constitute a federation as such may by treaty, treaties and accords give up parts of their sovereignty to a Supranational union, supranational entity. For example, the countries constituting the European Union have agreed to abide by some Union-wide measures which restrict their absolute sovereignty in some ways, e.g., the use of the metric system of measurement instead of national units previously used.
State of emergency
Many constitutions allow the declaration under exceptional circumstances of some form of state of emergency during which some rights and guarantees are suspended. This provision can be and has been abused to allow a government to suppress dissent without regard for human rights – see the article on state of emergency.
Facade constitutions
Italian political theorist Giovanni Sartori noted the existence of national constitutions which are a facade for authoritarian sources of power. While such documents may express respect for human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
or establish an independent judiciary, they may be ignored when the government feels threatened, or never put into practice. An extreme example was the Constitution of the Soviet Union that on paper supported freedom of assembly and freedom of speech; however, citizens who transgressed unwritten limits were summarily Political prisoner, imprisoned. The example demonstrates that the protections and benefits of a constitution are ultimately provided not through its written terms but through deference by government and society to its principles. A constitution may change from being real to a facade and back again as democratic and autocratic governments succeed each other.
Constitutional courts
Constitutions are often, but by no means always, protected by a legal body whose job it is to interpret those constitutions and, where applicable, declare void executive and legislative acts which infringe the constitution. In some countries, such as Germany, this function is carried out by a dedicated constitutional court which performs this (and only this) function. In other countries, such as Republic of Ireland, Ireland, the ordinary courts may perform this function in addition to their other responsibilities. While elsewhere, like in the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, the concept of declaring an act to be unconstitutional does not exist.
A constitutional violation is an action or legislative act that is judged by a constitutional court to be contrary to the constitution, that is, unconstitutional. An example of constitutional violation by the executive could be a public office holder who acts outside the powers granted to that office by a constitution. An example of constitutional violation by the legislature is an attempt to pass a law that would contradict the constitution, without first going through the proper constitutional amendment process.
Some countries, mainly those with uncodified constitutions, have no such courts at all. For example, the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
has traditionally operated under the principle of parliamentary sovereignty under which the laws passed by United Kingdom Parliament could not be questioned by the courts.
See also
* Basic law, equivalent in some countries, often for a temporary constitution
* Apostolic constitution (a class of Catholic Church documents)
* Consent of the governed
* Constitution of the Roman Republic
* Constitutional amendment
* Constitutional court
* Constitutional crisis
* Constitutional economics
* Constitutionalism
* Constitutional documents, Corporate constitutional documents
* International constitutional law
* Judicial activism
* Judicial restraint
* Judicial review
* Philosophy of law
* Rule of law
* Rule according to higher law
''Judicial philosophies of constitutional interpretation (note: generally specific to United States constitutional law)''
* List of national constitutions
* Originalism
* Strict constructionism
* Textualism
* Treaty establishing a Constitution for Europe, Proposed European Union constitution
** Treaty of Lisbon (adopts same changes, but without constitutional name)
* United Nations Charter
Further reading
* Zachary Elkins and Tom Ginsburg. 2021. "doi:10.1146/annurev-polisci-100720-102911, What Can We Learn from Written Constitutions?" ''Annual Review of Political Science''.
References
External links
Constitute
an indexed and searchable database of all constitutions in force
Amendments Project
Dictionary of the History of Ideas
Constitutionalism
"Constitutions, bibliography, links"
''International Constitutional Law'':
English translations of various national constitutions
United Nations Rule of Law: Constitution-making
on the relationship between constitution-making, the rule of law and the United Nations.
*
constitution , Theories, Features, Practices, & Facts , Britannica
Constitutionalism , Stanford Encyclopedia of Philosophy
Constitutions and Constitutionalism , Encyclopedia.com
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Constitutions,
Sources of law