Constitution

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

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

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

Etymology

The word constitution comes from a French word. That French word came from a Latin word, constitutio. In Latin, this word meant rules and orders, like important commands from leaders.

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

General features

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

When leaders follow these rules, it is called "within power." If they break the rules, it is called "beyond power." For example, a student group cannot make decisions about things that are not related to students. If leaders do something they are not allowed to do, courts can review it and stop them. Laws that break the constitution are not valid.

History and development

Since 1789, many countries have created and changed their constitutions. The Constitution of the United States of America is the oldest and shortest one still used today.

In the late 1700s, Thomas Jefferson thought constitutions should be updated every 20 years. But many constitutions change much more often. Some last for many years, like the United States', while others change very quickly.

The most common reasons for changes are the need for quick results and not enough time spent writing the constitution. On average, it takes about 16 months to write a constitution, but some take much longer or shorter. For example, the 2008 Constitution of Myanmar took over 17 years to write secretly, while Japan’s 1946 Constitution was written in just one week. Japan has the oldest unchanged constitution in the world.

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

Pre-modern constitutions

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

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

In 621 BC, a scribe named Draco wrote down the laws of the city-state of Athens. In 594 BC, Solon, the ruler of Athens, made a new constitution that helped workers and based ruling class membership on wealth. Cleisthenes later changed the Athenian constitution to make it more democratic in 508 BC.

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

The Edicts of Ashoka set rules for the 3rd century BC Maurya king's rule in India.

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

Japan’s Seventeen-article constitution written in 604 focused on social rules.

The Constitution of Medina was written by the Islamic prophet Muhammad after he moved to Yathrib. It was an agreement to end fighting and create a community.

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

Middle Ages after 1000

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

In England, Henry I's proclamation of the Charter of Liberties in 1100 bound the king in how he treated the clergy and nobility. This idea was later used when King John was forced to sign Magna Carta in 1215. This document ensured that no one could be punished without due process of law.

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

Stefan Dušan, emperor of Serbs and Greeks, made Dušan's Code in Serbia in 1349 and 1354. It regulated many parts of social life.

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

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

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

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

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

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

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

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

In 1392 the Carta de Logu was legal code of the Giudicato of Arborea made by the giudicessa Eleanor. It was used in Sardinia until 1827.

The Gayanashagowa, the oral constitution of the Haudenosaunee nation also known as the Great Law of Peace, established a system of government in which the Sachems, or tribal chiefs, made decisions together.

Modern constitutions

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

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

English civil war era

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

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

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

British colonies in North America

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

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

Democratic constitutions: 18th century

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

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

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

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

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

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

Another landmark document was the French Constitution of 1791.

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

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

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

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

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

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

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

Principles of constitutional design

When people began living in cities and forming nations, they often followed unwritten customs or had rulers who used power as they wished. This made thinkers believe that the character of rulers was more important than how the government was set up. Famous thinkers like Plato thought only wise rulers should lead.

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

Writers such as Montesquieu suggested separating different government jobs—like making laws, enforcing them, and judging them—into separate groups. They believed that good government design followed important rules. These ideas help not just countries but also smaller groups, making sure everyone gets along and feels their rights are protected.

Key features

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

Classification

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

Codified constitution

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

Uncodified constitution

Main article: Uncodified constitution

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

Mixed constitutions

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

Amendments

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

Entrenched clauses

Main article: Entrenched clause

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

Constitutional rights and duties

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

Separation of powers

Main article: Separation of powers

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

Power structure

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

State of emergency

Main article: State of emergency

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

Communist state constitution

Main article: Communist state constitution

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

Constitutional courts

In many places, there are special judges who check that rules and actions follow the constitution. In some countries, like Germany, this is done by a special court. In other places, like Ireland, regular courts do this job.

Sometimes, a rule or action does not follow the constitution. This is called a constitutional violation. For example, a leader might do something they are not allowed to do.

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

By country

Main article: List of national constitutions

Some important documents that act like constitutions include:

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