Constitution (political)
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A constitution is an aggregate of fundamental or established that constitute the basis of a , or other type of 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''. 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 to and unincorporated . A which establishes an is also its constitution, in that it would define how that organization is constituted. Within , 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 . The is the longest written constitution of any country in the world, with 146,385 words in its version, while the is the shortest written constitution with 3,814 words. The might be the world's oldest active written constitution, since some of its core documents have been in operation since 1600, while the 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 from the word ''constitutio'', used for regulations and orders, such as the enactments (''constitutiones principis'': edicta, mandata, decreta, rescripta). Later, the term was widely used in for an important determination, especially a decree issued by the , now referred to as an '. used the term for significant and egregious violations of public trust, of a nature and extent that the transgression would justify a response. The term as used by Blackstone was not for a legal text, nor did he intend to include the later American concept of : "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 alized mechanisms of power control for the protection of the interests and of the , including those that may be in the ". 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, '). For example, a 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 s would be a provincial in a 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 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 (see 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 ', 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 s, such as '. Scholars debate whether a constitution must necessarily be , resulting from the nations "spirit". 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 (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, 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 . 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 2008 Constitution was being secretly drafted for more than 17 years, whereas at the other extreme, during the drafting of '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 '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 , which officially grants every citizen, among other rights, the .


Pre-modern constitutions


Ancient

Excavations in modern-day by in 1877 found evidence of the earliest known , issued by the ian king of 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 of the rich. After that, many ruled by special codes of written laws. The oldest such document still known to exist seems to be the of (c. 2050 BC). Some of the better-known ancient law codes are the code of of , the of , the , the , and . In 621 BC, a scribe named codified the oral laws of the of ; this code prescribed the for many offenses (thus creating the modern term "draconian" for very strict rules). In 594 BC, , the ruler of Athens, created the new '. It eased the burden of the workers, and determined that membership of the ruling class was to be based on wealth (), rather than on birth (). again reformed the Athenian constitution and set it on a democratic footing in 508 BC. (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and , 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 ', ', and ', he explores different constitutions of his day, including those of Athens, , and . 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 '. They operated under a series of laws that were added from time to time, but was not reorganised into a single code until the ' (438 AD); later, in the Eastern Empire, the ' (534) was highly influential throughout Europe. This was followed in the east by the ''Ecloga'' of (740) and the ''Basilica'' of (878). The ' established constitutional principles for the 3rd century BC king's rule in . For constitutional principles almost lost to antiquity, see the .


Early Middle Ages

Many of the Germanic peoples that filled the power vacuum left by the in the codified their laws. One of the first of these to be written was the Visigothic ''Code of '' (471 AD). This was followed by the ', applying separate codes for Germans and for Romans; the '; and the of the , all written soon after 500. In 506, the ' or ''"Lex Romana"'' of , king of the Visigoths, adopted and consolidated the ''Codex Theodosianus'' together with assorted earlier Roman laws. Systems that appeared somewhat later include the ' of the (643), the ' (654), the ''Lex Alamannorum'' (730), and the ' (c. 785). These continental codes were all composed in Latin, while was used for those of England, beginning with the Code of (602). Around 893, combined this and two other earlier Saxon codes, with various Mosaic and Christian precepts, to produce the ' code of laws for England. 's ' written in 604, reportedly by , is an early example of a constitution in Asian political history. Influenced by teachings, the document focuses more on social morality than on institutions of government, and remains a notable early attempt at a government constitution. The ( ar, صحیفة المدینه, Ṣaḥīfat al-Madīna), also known as the Charter of Medina, was drafted by the after his flight () 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 ), including s, s, and 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 () and 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 . The precise dating of the Constitution of Medina remains debated, but generally scholars agree it was written shortly after the (622). In , the ' (Law of Hywel) was codified by c. 942–950.


Middle Ages after 1000

The ''Pravda Yaroslava'', originally combined by the , was granted to around 1017, and in 1054 was incorporated into the '; it became the law for all of . It survived only in later editions of the 15th century. In England, proclamation of the 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 to sign ' in 1215. The most important single article of the ''Magna Carta'', related to "'", provided that the king was not permitted to imprison, outlaw, exile or kill anyone at a whim – there must be of law first. This article, Article 39, of the ''Magna Carta'' read: This provision became the cornerstone of English liberty after that point. The 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 , with further reforms shifting the balance of power from the monarchy and nobility to the . The of ( sr, Законоправило/Zakonopravilo) was the first n constitution from 1219. was the compilation of , based on , and , based on . Its basic purpose was to organize the functioning of the young and the . Saint Sava began the work on the Serbian Nomocanon in 1208 while he was at , using ''The Nomocanon in Fourteen Titles'', ''Synopsis of Stefan the Efesian'', ''Nomocanon of '', and Ecumenical Council documents, which he modified with the canonical commentaries of Aristinos and , local church meetings, rules of the , the law of , the translation of Prohiron, and the ' (most were taken from 's Novellae). The Nomocanon was a completely new compilation of civil and canonical regulations, taken from 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. of - became the basis of the Serbian medieval law. The essence of Zakonopravilo was based on . , emperor of Serbs and Greeks, enacted ( sr, Душанов Законик/Dušanov Zakonik) in , in two state congresses: in 1349 in and in 1354 in . It regulated all social spheres, so it was the second Serbian constitution, after St. Sava's Nomocanon (Zakonopravilo). The Code was based on -. The legal within articles 171 and 172 of Dušan's Code, which regulated the juridical independence, is notable. They were taken from the Byzantine code (book VII, 1, 16–17). In 1222, Hungarian King issued the . Between 1220 and 1230, a administrator, , composed the ', which became the supreme law used in parts of Germany as late as 1900. Around 1240, the ic Egyptian Christian writer, , wrote the ' in . 'Ibn al-Assal took his laws partly from apostolic writings and Mosaic law and partly from the former codes. There are a few historical records claiming that this law code was translated into and entered Ethiopia around 1450 in the reign of . Even so, its first recorded use in the function of a constitution (supreme law of the land) is with beginning in 1563. The ''Fetha Negest'' remained the supreme law in Ethiopia until 1931, when a modern-style was first granted by Emperor I. In the , the were promulgated by the Court from 1283 (or even two centuries before, if is considered part of the compilation of Constitutions) until 1716, when gave the , finishing with the historical laws of . These Constitutions were usually made formally as a royal initiative, but required for its approval or repeal the favorable vote of the , 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 was a 13th-century charter of the , reconstructed from oral tradition in 1988 by . The was a decree issued by a ' in Nuremberg headed by Emperor that fixed, for a period of more than four hundred years, an important aspect of the constitutional structure of the . In , the created and refined a document he called ' (first published in 1375, revised twice more before his death in 1398). These rules served as a constitution for the for the next 250 years. The oldest written document still governing a sovereign nation today is that of . The ' 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 ' was of the promulgated by the ''giudicessa'' . It was in force in until it was superseded by the code of in April 1827. The Carta was a work of great importance in n history. It was an organic, coherent, and systematic work of legislation encompassing the and . The ', the oral constitution of the 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 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 adopted the , drawn up under the after the death of king , it can be seen as the first written constitution adopted by a modern state. In 1639, the adopted the , which was the first n constitution, and is the basis for every new Connecticut constitution since, and is also the reason for 's nickname, "the ". The that was set up by after the promulgated the first detailed written constitution adopted by a modern state; it was called 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 , , the written constitution, and , can be traced back to the experiments of that period. Drafted by in 1653, the ''Instrument of Government'' included elements incorporated from an earlier document "", which had been agreed to by the in 1647, as a set of propositions intended to be a basis for a constitutional settlement after King was defeated in the . Charles had rejected the propositions, but before the start of the Second Civil War, the of the had presented the ''Heads of Proposals'' as their alternative to the more radical presented by the Agitators and their civilian supporters at the . On January 4, 1649, the 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 was installed as on the following day. The constitution set up a state council consisting of 21 members while executive authority was vested in the office of "." This position was designated as a non-hereditary life appointment. The ''Instrument'' also required the calling of triennial 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 , proposed by Sir . The Petition offered hereditary to , asserted 's control over issuing new , 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 of the monarchy. Other examples of European constitutions of this era were the of 1755 and the . 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 and ), with the exceptions of Massachusetts, Connecticut and Rhode Island. The adopted 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 such as , , and . The model proposed that constitutional governments should be stable, adaptable, accountable, open and should represent the people (i.e., support ). ' was written in 1710 by , ' of the . It was written to establish a free , with the support of . 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 '. 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 State never materialized, and his constitution, written in exile, never went into effect. s of 1755 and 1794 were inspired by . The latter introduced for property owners. The was enacted under King and was inspired by the by . The king also cherished other ideas (as an ) and repealed torture, liberated agricultural trade, diminished the use of the and instituted a form of . The constitution was commended by . The , ratified June 21, 1788, was influenced by the writings of , , , and others. The document became a benchmark for and codified constitutions written thereafter. The was passed on May 3, 1791."The first European country to follow the U.S. example was Poland in 1791." , ''Waves of Democracy'', 1996, , p. 121. Its draft was developed by the leading minds of the such as King , , , , and . It was adopted by the 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 . The 1811 was the first Constitution of and Latin America, promulgated and drafted by Briceño Perozo, Mario. "Mendoza, Cristóbal de" in ''Diccionario de Historia de Venezuela'', Vol. 3. Caracas: Fundación Polar, 1999. and and in . It established a federal government but was repealed one year later. On March 19, the was ratified by a gathered in , the only Spanish continental city which was safe from . The Spanish Constitution served as a model for other liberal constitutions of several an and n nations, for example, the , constitutions of various states during revolts (i.e., in the ), , or the . In , the Constitution of 1824 expressed the option for the monarchy as political system after Brazilian Independence. The leader of the national emancipation process was the Portuguese prince , 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 , as a result of the , the lost its personal possession of to . Sweden had already enacted its , which saw the division of power between the , the king and the . However the Norwegians managed to infuse a radically democratic and liberal in 1814, adopting many facets from the American constitution and the revolutionary French ones, but maintaining a hereditary limited by the constitution, like the Spanish one. The first was put in force in September 1848 (with official revisions in 1878, 1891, 1949, 1971, 1982 and 1999). The 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 on February 15, 1835. The 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 . 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 , 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 , who called for rule by "philosopher-kings." Later writers, such as , and , would examine designs for government from a legal and historical standpoint. The 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 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 , the , the writings of , , the , , and , leading to the debate between , arguing for the divine right of monarchs, on the one side, and on the other, , , , and . 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 , 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 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 called by and conducted by established . 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 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 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 . 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 /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 "".


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 .


=Codified constitution

= Most states in the world have codified constitutions. Codified constitutions are often the product of some dramatic political change, such as a . 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 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 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 . In addition, exceptional procedures are often required to . These procedures may include: convocation of a special or constitutional convention, requiring a of legislators' votes, approval in two terms of , the consent of regional legislatures, a process, and/or other procedures that make amending a constitution more difficult than passing a simple law. Constitutions may also provide that their . 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 , 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 and/or to fundamental values of the state such as , or . In ethnic nation-states such as , the mission of the state can be defined as preserving a specific nation, language and culture.


=Uncodified constitution

= only two sovereign states, and the , have wholly uncodified constitutions. The 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 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 – , observation of s, s, and traditions, such as holding general elections on Thursdays; together these constitute .


=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 , as adopted by the Commonwealth in the , and the means that Australia's constitution is not contained in a single constitutional document. It means the Constitution of Australia is uncodified, it also contains , thus is partially unwritten. The resulted from the passage of several from 1867 to the , 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 . However, some documents not explicitly listed in section 52(2) are also considered constitutional documents in Canada, entrenched via reference; such as the . Although Canada's constitution includes , 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 and the of the United Kingdom. Uncodified constitutions largely lack protection against amendment by the government of the time. For example, the U.K. legislated by simple majority for strictly ; 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 , or other type of . 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 (), 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 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 , a , or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of the , , , , , , , and . The and the contain similar provisions aimed at making it difficult, but not impossible, to change their basic structure.


Constitutional rights and duties

Constitutions include various rights and duties. These include the following: * Duty to pay es * * Duty to work * * * * * * * * * Right to dignity * Right to civil marriage * * Right to * * Right to * Right to a * Right to * Right to start a family * * Right to marriage * * * Right to protect one's reputation * Right to * * Rights of debtors


Separation of powers

Constitutions usually explicitly divide power between various branches of government. The standard model, described by the , involves three branches of government: , and . Some constitutions include additional branches, such as an . Constitutions vary extensively as to the degree of separation of powers between these branches.


Accountability

In and systems of government, department secretaries/ministers are accountable to the , who has patronage powers to appoint and dismiss ministers. The president is accountable to the people in an election. In systems, Cabinet Ministers are accountable to , but it is the 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 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 , an , an , a judicial oversight body, a , a media commission, an , and a .


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 dictates that sovereignty is ultimately contained at the centre. Some powers have been to , , and (but not ). Some unitary states ( 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 and accords give up parts of their sovereignty to a entity. For example, the countries constituting the have agreed to abide by some Union-wide measures which restrict their absolute sovereignty in some ways, e.g., the use of the 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 .


Facade constitutions

Italian political theorist noted the existence of national constitutions which are a facade for authoritarian sources of power. While such documents may express respect for or establish an independent judiciary, they may be ignored when the government feels threatened, or never put into practice. An extreme example was the that on paper supported and ; however, citizens who transgressed unwritten limits were summarily . 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 , this function is carried out by a dedicated constitutional court which performs this (and only this) function. In other countries, such as , the ordinary courts may perform this function in addition to their other responsibilities. While elsewhere, like in the , 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 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 process. Some countries, mainly those with uncodified constitutions, have no such courts at all. For example, the has traditionally operated under the principle of under which the laws passed by could not be questioned by the courts.


See also

* , equivalent in some countries, often for a temporary constitution * (a class of documents) * * * * * * * * * * * * * * * ''Judicial philosophies of constitutional interpretation (note: generally specific to )'' * * * * * ** (adopts same changes, but without constitutional name) *


Further reading

* Zachary Elkins and Tom Ginsburg. 2021. "" ''Annual Review of Political Science''.


References


External links


Constitute
an indexed and searchable database of all constitutions in force
Dictionary of the History of Ideas
Constitutionalism

"Constitutions, bibliography, links"
''International Constitutional Law'':
English translations of various national constitutions
''constitutions of countries of the European Union''

United Nations Rule of Law: Constitution-making
on the relationship between constitution-making, the and the United Nations. {{Authority control Sources of law