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{{Short description|Fundamental principles that govern a state}} | {{Short description|Fundamental principles that govern a state}} | ||
{{ | {{Other uses}} | ||
{{pp-vandalism|small=yes}} | {{pp-vandalism|small=yes}} | ||
{{Use mdy dates|date=January 2016}} | {{Use mdy dates|date=January 2016}} | ||
[[File:Constitution de l'an XII. Page 1 - Archives Nationales - AE-II-1512.jpg|thumb|[[Constitution of the Year XII]] ([[First French | [[File:Constitution de l'an XII. Page 1 - Archives Nationales - AE-II-1512.jpg|thumb|[[Constitution of the Year XII]] ([[First French Empire]])]] | ||
[[File:Costituzione del Regno di Napoli del 1848.jpg|thumb|alt=Constitution | [[File:Costituzione del Regno di Napoli del 1848.jpg|thumb|alt=Constitution in 1848.|Constitution of the [[Kingdom of the Two Sicilies]] in 1848]] | ||
A '''constitution''' is the aggregate of fundamental [[principle]]s or established [[precedent]]s that constitute the [[legal]] basis of a [[polity]], [[organization]] or other type of [[Legal entity|entity]], and commonly determines how that entity is to be governed.<ref>''The [[New Oxford American Dictionary]]'', Second Edn., [[Erin McKean]] (editor), 2051 pp., 2005, Oxford University Press, {{ISBN|0-19-517077-6}}.</ref> | [[File:World Map--Age of Government-r2.svg|thumb|420x420px|Countries by date of current national constitution | ||
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{{legend|#08306b|Pre-1940}} | |||
{{legend|#08519c|1940–1949}} | |||
{{legend|#2171b5|1950–1959}} | |||
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{{legend|#4292c6|1960–1969}} | |||
{{legend|#6baed6|1970–1979}} | |||
{{legend|#9ecae1|1980–1989}} | |||
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{{legend|#c6dbef|1990–1999}} | |||
{{legend|#deebf7|2000–2009}} | |||
{{legend|#f7fbff|2010–present}} | |||
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A '''constitution''', or '''supreme law''', is the aggregate of fundamental [[principle]]s or established [[precedent]]s that constitute the [[legal]] basis of a [[polity]], [[organization]] or other type of [[Legal entity|entity]], and commonly determines how that entity is to be governed.<ref>''The [[New Oxford American Dictionary]]'', Second Edn., [[Erin McKean]] (editor), 2051 pp., 2005, Oxford University Press, {{ISBN|0-19-517077-6}}.</ref> | |||
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''. [[ | 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]] is a notable example of an [[uncodified constitution]]; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties.<ref>''[[R (HS2 Action Alliance Ltd) v Secretary of State for Transport]]'' [2014] [http://www.bailii.org/uk/cases/UKSC/2014/3.html UKSC 3] {{Webarchive|url=https://web.archive.org/web/20170305110736/http://www.bailii.org/uk/cases/UKSC/2014/3.html |date=March 5, 2017 }}, [207]</ref> | ||
Constitutions concern different levels of organizations, from [[Sovereign state|sovereign countries]] to [[Company|companies]] and unincorporated [[Club (organization)|associations]]. A [[treaty]] that establishes an [[international organization]] is also its constitution, in that it would define how that organization is constituted. Within [[state (polity)|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]]. Changes to constitutions frequently require [[consensus democracy|consensus]] or [[supermajority]].<ref>[https://heinonline.org/HOL/P?h=hein.journals/shclj8&i=371 King, Brett W. "The Use of Supermajority Provisions in the Constitution: The Framers, The Federalist Papers and the Reinforcement of a Fundamental Principle." Seton Hall Const. LJ 8 (1997): 363.]</ref> | Constitutions concern different levels of organizations, from [[Sovereign state|sovereign countries]] to [[Company|companies]] and unincorporated [[Club (organization)|associations]]. A [[treaty]] that establishes an [[international organization]] is also its constitution, in that it would define how that organization is constituted. Within [[state (polity)|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]]. Changes to constitutions frequently require [[consensus democracy|consensus]] or [[supermajority]].<ref>[https://heinonline.org/HOL/P?h=hein.journals/shclj8&i=371 King, Brett W. "The Use of Supermajority Provisions in the Constitution: The Framers, The Federalist Papers and the Reinforcement of a Fundamental Principle." Seton Hall Const. LJ 8 (1997): 363.]</ref> | ||
The [[Constitution of India]] is the longest written constitution of any country in the world,<ref name="longest">{{cite book | last = Pylee | first = M.V. | title = India's Constitution | publisher = S. Chand & Co. |page=3 | year = 1997 | isbn = 978-81-219-0403-2 }}</ref> with 146,385 words<ref name=":0" /> in its [[Indian English|English-language]] version,<ref name="lawmin_info">{{cite web |url=http://indiacode.nic.in/coiweb/welcome.html |title=Constitution of India |access-date=December 17, 2008 |publisher=Ministry of Law and Justice of India |date=July 2008 |url-status=dead |archive-url=https://web.archive.org/web/20150223171017/http://indiacode.nic.in/coiweb/welcome.html |archive-date=February 23, 2015 |df=mdy-all }}</ref> while the [[Constitution of Monaco]] is the shortest written constitution with 3,814 words.<ref>{{Cite web|url=https://www.constituteproject.org/constitution/Monaco_2002|title= Monaco 1962 (rev. 2002) |website=www.constituteproject.org|access-date=2016-06-05}}</ref><ref name=":0">{{Cite web|url=http://comparativeconstitutionsproject.org/ccp-rankings/|title=Constitution Rankings |website=Comparative Constitutions Project|language=en-US|access-date=2016-06-05}}</ref> The [[Constitution of San Marino]] 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]] is the oldest active codified constitution. The historical life expectancy of a written constitution since 1789 is approximately 19 years.<ref>{{Citation|last1=Elkins|first1=Zachary|title=The Endurance of National Constitutions|chapter-url=http://dx.doi.org/10.1017/cbo9780511817595.004|work=|pages=36–64|place=Cambridge|publisher=Cambridge University Press|isbn=978-0-511-81759-5|access-date=|last2=Ginsburg|first2=Tom|last3=Melton|first3=James|chapter=Conceptualizing Constitutions|year=2009|doi=10.1017/cbo9780511817595.004}}</ref> | The [[Constitution of India]] is the longest written constitution of any country in the world,<ref name="longest">{{cite book | last = Pylee | first = M.V. | title = India's Constitution | publisher = S. Chand & Co. |page=3 | year = 1997 | isbn = 978-81-219-0403-2 }}</ref> with 146,385 words<ref name=":0" /> in its [[Indian English|English-language]] version,<ref name="lawmin_info">{{cite web |url=http://indiacode.nic.in/coiweb/welcome.html |title=Constitution of India |access-date=December 17, 2008 |publisher=Ministry of Law and Justice of India |date=July 2008 |url-status=dead |archive-url=https://web.archive.org/web/20150223171017/http://indiacode.nic.in/coiweb/welcome.html |archive-date=February 23, 2015 |df=mdy-all }}</ref> while the [[Constitution of Monaco]] is the shortest written constitution with 3,814 words.<ref>{{Cite web|url=https://www.constituteproject.org/constitution/Monaco_2002|title= Monaco 1962 (rev. 2002) |website=www.constituteproject.org|access-date=2016-06-05}}</ref><ref name=":0">{{Cite web|url=http://comparativeconstitutionsproject.org/ccp-rankings/|title=Constitution Rankings |website=Comparative Constitutions Project|language=en-US|access-date=2016-06-05}}</ref> The [[Constitution of San Marino]] 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]] is the oldest active codified constitution. The historical life expectancy of a written constitution since 1789 is approximately 19 years.<ref>{{Citation|last1=Elkins|first1=Zachary|title=The Endurance of National Constitutions|chapter-url=http://dx.doi.org/10.1017/cbo9780511817595.004|work=|pages=36–64|place=Cambridge|publisher=Cambridge University Press|isbn=978-0-511-81759-5|access-date=|last2=Ginsburg|first2=Tom|last3=Melton|first3=James|chapter=Conceptualizing Constitutions|year=2009|doi=10.1017/cbo9780511817595.004}}</ref> | ||
There are also varieties of constitutions, for example [[liberal constitution]]s and [[communist state constitution]]s. | |||
==Etymology== | ==Etymology== | ||
The term ''constitution'' comes through [[French (language)|French]] from the [[Latin language|Latin]] word {{ | The term ''constitution'' comes through [[French (language)|French]] from the [[Latin language|Latin]] word {{lang|la|constitutio}}, used for regulations and orders such as the [[Roman Empire|imperial]] enactments (''constitutiones principis'': ''edicta'', ''mandata'', ''decreta'', ''rescripta'').<ref>{{Cite book |url=https://books.google.com/books?id=2MqfUsMiDbYC&q=%22constitutiones+principis%22&pg=PA243 |title=The Historical and Institutional Context of Roman Law |first=George |last=Mousourakis |date=12 December 2003 |publisher=Ashgate |isbn=9780754621140 |via=Google Books}}</ref> | ||
Later, the term was widely used in [[canon law]] for an important determination, especially a decree issued by the [[Pope]], now referred to as an ''[[apostolic constitution]]''. | |||
[[William Blackstone]] used the term for significant and egregious violations of public trust | [[William Blackstone]] used the term for significant and egregious violations of public trust of a nature and extent that the transgression would justify a [[revolutionary]] 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]]: "for that were to set the judicial power above that of the legislature, which would be subversive of all government".<ref>{{cite book |title=Oxford Handbook of Comparative Constitutional Law |date=17 May 2012 |publisher=Oxford University Press |page=17 |isbn=978-0-19-957861-0 |url=https://books.google.com/books?id=uP3VWeTMnxsC}}</ref> | ||
==General features== | ==General features== | ||
Generally, every modern written constitution confers specific powers on an organization or institutional entity, on the primary condition that it abides by the | Generally, every modern written constitution confers specific powers on an organization or institutional entity, on 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[s] [[institution]]alized mechanisms of power control for the protection of the interests and [[Liberty|liberties]] of the [[citizenry]], including those that may be in the [[Minority group|minority]]".<ref name="Gordon1999">{{cite book |last=Gordon |first=Scott |title=Controlling the State: Constitutionalism from Ancient Athens to Today |url=https://archive.org/details/controllingstate00gord_656 |url-access=limited |publisher=Harvard University Press |year=1999 |page=[https://archive.org/details/controllingstate00gord_656/page/n16 4] |isbn=978-0-674-16987-6}}</ref> | ||
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]]''). For example, a [[students' union]] 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]]s would be a provincial [[parliament]] in a [[federal state]] 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 [[judicial review|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". | 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]]''). For example, a [[students' union]] 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]]s would be a provincial [[parliament]] in a [[federal state]] 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 [[judicial review|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". | ||
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In the late 18th century, [[Thomas Jefferson]] 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".<ref>({{cite web|date=6 September 1789|title=Thomas Jefferson to James Madison|url=http://press-pubs.uchicago.edu/founders/documents/v1ch2s23.html/|url-status=dead|archive-url=https://web.archive.org/web/20181014001321/http://press-pubs.uchicago.edu/founders/documents/v1ch2s23.html|archive-date=14 October 2018|access-date=29 July 2015|website=Popular Basis of Political Authority|pages=392–97}})</ref> Indeed, according to recent studies,<ref name="auto3">({{cite book|last1=Zachary|first1=Elkins|title=The Endurance of National Constitutions|last2=Ginsburg|first2=Tom|last3=Melton|first3=James|publisher=Cambridge University Press|year=2009|place=New York}})</ref> the average life of any newly 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]].<ref name="auto3"/> By contrast, some constitutions, notably that of the United States, have remained in force for several centuries, often without major revision for long periods. | In the late 18th century, [[Thomas Jefferson]] 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".<ref>({{cite web|date=6 September 1789|title=Thomas Jefferson to James Madison|url=http://press-pubs.uchicago.edu/founders/documents/v1ch2s23.html/|url-status=dead|archive-url=https://web.archive.org/web/20181014001321/http://press-pubs.uchicago.edu/founders/documents/v1ch2s23.html|archive-date=14 October 2018|access-date=29 July 2015|website=Popular Basis of Political Authority|pages=392–97}})</ref> Indeed, according to recent studies,<ref name="auto3">({{cite book|last1=Zachary|first1=Elkins|title=The Endurance of National Constitutions|last2=Ginsburg|first2=Tom|last3=Melton|first3=James|publisher=Cambridge University Press|year=2009|place=New York}})</ref> the average life of any newly 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]].<ref name="auto3"/> By contrast, some constitutions, notably that of the United States, have remained in force for several centuries, often without major revision for long periods. | ||
The most common reasons for these frequent changes are the political desire for an immediate outcome{{clarify|date=December 2021}} and the short time devoted to the constitutional drafting process.<ref name="auto">({{cite web|last1=Ginsburg|first1=Tom|last2=Melton|first2=James|title=Innovation in Constitutional Rights|url=http://www.law.nyu.edu/sites/default/files/upload_documents/November%2019%20Ginsburg%20Melton%20Innovation%20in%20Constitutional%20Rights%20.pdf/|url-status=dead|archive-url=https://web.archive.org/web/20140717043443/http://www.law.nyu.edu/sites/default/files/upload_documents/November%2019%20Ginsburg%20Melton%20Innovation%20in%20Constitutional%20Rights%20.pdf|archive-date=17 July 2014|access-date=29 July 2015|website=NYU|publisher=Draft for presentation at NYU Workshop on Law, Economics and Politics}})</ref> A study in 2009 showed that the average time taken to draft a constitution is around 16 months,<ref name=":1">({{cite web|last1=Ginsburg|first1=Tom|last2=Zachary|first2=Elkins|last3=Blount|first3=Justin|date=2009|title=Does the Process of Constitution-Making Matter?|url=http://lexglobal.org/files/Does%20the%20Process%20of%20Constitution-Making%20Matter.pdf/|url-status=dead|archive-url=https://web.archive.org/web/20180417025418/http://lexglobal.org/files/Does%20the%20Process%20of%20Constitution-Making%20Matter.pdf|archive-date=17 April 2018|access-date=29 July 2015|website=University of Chicago Law School|publisher=Annu. Rev. Law Soc. Sci.5|pages=201–23 [209]|place=Chicago, IL}})</ref | The most common reasons for these frequent changes are the political desire for an immediate outcome{{clarify|date=December 2021}} and the short time devoted to the constitutional drafting process.<ref name="auto">({{cite web|last1=Ginsburg|first1=Tom|last2=Melton|first2=James|title=Innovation in Constitutional Rights|url=http://www.law.nyu.edu/sites/default/files/upload_documents/November%2019%20Ginsburg%20Melton%20Innovation%20in%20Constitutional%20Rights%20.pdf/|url-status=dead|archive-url=https://web.archive.org/web/20140717043443/http://www.law.nyu.edu/sites/default/files/upload_documents/November%2019%20Ginsburg%20Melton%20Innovation%20in%20Constitutional%20Rights%20.pdf|archive-date=17 July 2014|access-date=29 July 2015|website=NYU|publisher=Draft for presentation at NYU Workshop on Law, Economics and Politics}})</ref> 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]] 2008 Constitution was being secretly drafted for more than 17 years,<ref name=":1">({{cite web|last1=Ginsburg|first1=Tom|last2=Zachary|first2=Elkins|last3=Blount|first3=Justin|date=2009|title=Does the Process of Constitution-Making Matter?|url=http://lexglobal.org/files/Does%20the%20Process%20of%20Constitution-Making%20Matter.pdf/|url-status=dead|archive-url=https://web.archive.org/web/20180417025418/http://lexglobal.org/files/Does%20the%20Process%20of%20Constitution-Making%20Matter.pdf|archive-date=17 April 2018|access-date=29 July 2015|website=University of Chicago Law School|publisher=Annu. Rev. Law Soc. Sci.5|pages=201–23 [209]|place=Chicago, IL}})</ref> whereas at the other extreme, during the drafting of [[Japan]]'s 1946 Constitution, the bureaucrats drafted everything in no more than a week. Japan has the oldest unamended constitution in the world.<ref name="anomalous-constitution">{{cite news|title=The Anomalous Life of the Japanese Constitution |url=https://www.nippon.com/en/in-depth/a05602/the-anomalous-life-of-the-japanese-constitution.html |date=15 August 2017 |access-date=11 August 2019 |website=Nippon.com |archive-url=https://web.archive.org/web/20190811213143/https://www.nippon.com/en/in-depth/a05602/the-anomalous-life-of-the-japanese-constitution.html |url-status=live |archive-date=11 August 2019}}</ref> The record for the shortest overall process of drafting, adoption, and ratification of a national constitution belongs to [[Romania]]'s 1938 constitution, which installed a royal dictatorship in less than a month.<ref>({{cite web|last1=Ginsburg|first1=Tom|last2=Zachary|first2=Elkins|last3=Blount|first3=Justin|date=2009|title=Does the Process of Constitution-Making Matter?|url=http://lexglobal.org/files/Does%20the%20Process%20of%20Constitution-Making%20Matter.pdf/|url-status=dead|archive-url=https://web.archive.org/web/20180417025418/http://lexglobal.org/files/Does%20the%20Process%20of%20Constitution-Making%20Matter.pdf|archive-date=17 April 2018|access-date=29 July 2015|website=University of Chicago Law School|publisher=Annu. Rev. Law Soc. Sci.5 |pages=201–23 [204]|place=Chicago, IL}})</ref> Studies showed that typically extreme cases where the constitution-making process either takes too long or is extremely short were non-democracies.<ref>({{cite web|last1=Ginsburg|first1=Tom|last2=Zachary|first2=Elkins|last3=Blount|first3=Justin|date=2009|title=Does the Process of Constitution-Making Matter?|url=http://lexglobal.org/files/Does%20the%20Process%20of%20Constitution-Making%20Matter.pdf/|url-status=dead|archive-url=https://web.archive.org/web/20180417025418/http://lexglobal.org/files/Does%20the%20Process%20of%20Constitution-Making%20Matter.pdf|archive-date=17 April 2018|access-date=29 July 2015|website=University of Chicago Law School|publisher=Annu. Rev. Law Soc. Sci.5:201–23|page=203|place=Chicago, IL}})</ref> | ||
In principle, constitutional rights are not a specific characteristic of democratic countries. Autocratic states have constitutions, such as that of [[North Korea]], which officially grants every citizen, among other things, the [[freedom of expression]].<ref>({{cite journal|last1=Chilton|first1=Adam S.|last2=Versteeg|first2=Mila|date=2014|title=Do Constitutional Rights Make a Difference?|publisher=Coase-Sandor Institute for Law & Economics Working Paper No. 694|ssrn=2477530|website=Coase-Sandor Institute for Law & Economics}})</ref> However, the extent to which governments abide by their own constitutional provisions varies. In North Korea, for example, the [[Ten Principles for the Establishment of a Monolithic Ideological System]] are said to have eclipsed the constitution in importance as a frame of government in practice. Developing a legal and political tradition of strict adherence to constitutional provisions is considered foundational to the [[rule of law]]. | In principle, constitutional rights are not a specific characteristic of democratic countries. Autocratic states have constitutions, such as that of [[North Korea]], which officially grants every citizen, among other things, the [[freedom of expression]].<ref>({{cite journal|last1=Chilton|first1=Adam S.|last2=Versteeg|first2=Mila|date=2014|title=Do Constitutional Rights Make a Difference?|publisher=Coase-Sandor Institute for Law & Economics Working Paper No. 694|ssrn=2477530|website=Coase-Sandor Institute for Law & Economics}})</ref> However, the extent to which governments abide by their own constitutional provisions varies. In North Korea, for example, the [[Ten Principles for the Establishment of a Monolithic Ideological System]] are said to have eclipsed the constitution in importance as a frame of government in practice. Developing a legal and political tradition of strict adherence to constitutional provisions is considered foundational to the [[rule of law]]. | ||
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===Pre-modern constitutions=== | ===Pre-modern constitutions=== | ||
====Ancient==== | ====Ancient==== | ||
[[File:Hammurabi.jpg|thumb | [[File:Hammurabi.jpg|thumb|Detail from [[Hammurabi]]'s [[stele]] shows him receiving the laws of [[Babylon]] from the seated [[sun deity]].]] | ||
Excavations in modern-day [[Iraq]] by [[Ernest de Sarzec]] in 1877 found evidence of the earliest known [[code of justice]], issued by the [[Sumer]]ian king [[Urukagina]] of [[Lagash]] {{Circa|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]] of the rich. | Excavations in modern-day [[Iraq]] by [[Ernest de Sarzec]] in 1877 found evidence of the earliest known [[code of justice]], issued by the [[Sumer]]ian king [[Urukagina]] of [[Lagash]] {{Circa|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]] of the rich. | ||
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[[Aristotle]] (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and [[constitutionalism]], 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 the Athenians (Aristotle)|Constitution of Athens]]'', ''[[Politics (Aristotle)|Politics]]'', and ''[[Nicomachean Ethics]]'', he explores different constitutions of his day, including those of Athens, [[Lycurgus of Sparta|Sparta]], and [[Carthage]]. 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. | [[Aristotle]] (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and [[constitutionalism]], 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 the Athenians (Aristotle)|Constitution of Athens]]'', ''[[Politics (Aristotle)|Politics]]'', and ''[[Nicomachean Ethics]]'', he explores different constitutions of his day, including those of Athens, [[Lycurgus of Sparta|Sparta]], and [[Carthage]]. 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]]''. They operated under a series of laws that were added from time to time, but [[Roman law]] was not reorganized into a single code until the ''[[Codex Theodosianus]]'' (438 AD); later, in the Eastern Empire, the ''[[Corpus Juris Civilis|Codex repetitæ prælectionis]]'' (534) was highly influential throughout Europe. This was followed in the east by the '' | The Romans initially codified their constitution in 450 BC as the ''[[Twelve Tables]]''. They operated under a series of laws that were added from time to time, but [[Roman law]] was not reorganized into a single code until the ''[[Codex Theodosianus]]'' (438 AD); later, in the Eastern Empire, the ''[[Corpus Juris Civilis|Codex repetitæ prælectionis]]'' (534) was highly influential throughout Europe. This was followed in the east by the ''[[Ekloge ton nomon]]'' of [[Leo III the Isaurian]] (740) and the ''Basilica'' of [[Basil I]] (878). | ||
The ''[[Edicts of Ashoka]]'' established constitutional principles for the 3rd century BC [[Maurya Empire|Maurya]] king's rule in [[History of India|India]]. For constitutional principles almost lost to antiquity, see the [[code of Manu]]. | The ''[[Edicts of Ashoka]]'' established constitutional principles for the 3rd century BC [[Maurya Empire|Maurya]] king's rule in [[History of India|India]]. For constitutional principles almost lost to antiquity, see the [[code of Manu]]. | ||
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[[File:Washington Constitutional Convention 1787.jpg|thumb|upright=1.35|A painting depicting George Washington at the [[Constitutional Convention (United States)|Constitutional Convention]] of 1787 signing of the U.S. Constitution]] | [[File:Washington Constitutional Convention 1787.jpg|thumb|upright=1.35|A painting depicting George Washington at the [[Constitutional Convention (United States)|Constitutional Convention]] of 1787 signing of the U.S. Constitution]] | ||
In 1634 the [[Kingdom of Sweden]] adopted the [[Instrument of Government (1634)|1634 Instrument of Government]], drawn up under the [[Lord High Chancellor of Sweden]] [[Axel Oxenstierna]] after the death of king [[Gustavus Adolphus]]. This can be seen as the first written constitution adopted by a modern state. | In 1634 the [[Kingdom of Sweden]] adopted the [[Instrument of Government (1634)|1634 Instrument of Government]], drawn up under the [[Lord High Chancellor of Sweden]] [[Axel Oxenstierna]] after the death of king [[Gustavus Adolphus]]. This can be seen as the first written constitution adopted by a modern state. | ||
In 1665, the [[Denmark–Norway|Kingdom of Denmark-Norway]], under [[Frederick III of Denmark|Frederick III]], adopted the [[King's Law]] (''Lex Regia''), which established complete [[Hereditary monarchy|hereditary]] and [[absolute monarchy]]. It remains the only formal constitution ever enacted for an absolutist monarchy.<ref>{{Citation |title=Lex Regia/Kongeloven |date=2010-01-01 |work=The Oxford Companion to the Book |url=https://www.oxfordreference.com/view/10.1093/acref/9780198606536.001.0001/acref-9780198606536-e-2825 |access-date=2021-04-19 |publisher=Oxford University Press |language=en |doi=10.1093/acref/9780198606536.013.2825 |doi-broken-date=12 July 2025 |isbn=978-0-19-860653-6}}</ref><ref>{{Cite journal |last=Jespersen |first=Knud J. V. |date=1987-01-01 |title=Absolute monarchy in Denmark: Change and continuity |url=https://doi.org/10.1080/03468758708579123 |journal=Scandinavian Journal of History |volume=12 |issue=4 |pages=307–316 |doi=10.1080/03468758708579123 |issn=0346-8755 |url-access=subscription}}</ref><ref>{{Cite journal |last=Ekman |first=Ernst |date=1957 |title=The Danish Royal Law of 1665 |url=http://dx.doi.org/10.1086/237987 |journal=The Journal of Modern History |volume=29 |issue=2 |pages=102–107 |doi=10.1086/237987 |issn=0022-2801 |s2cid=145652129 |url-access=subscription |via=}}</ref> | |||
====English civil war era==== | ====English civil war era==== | ||
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The [[1811 Constitution of Venezuela]] was the first [[Constitution of Venezuela|Constitution]] of [[Venezuela]] and Latin America, promulgated and drafted by [[Cristóbal Mendoza]]<ref name="Diccionario_Perozo_1999">Briceño Perozo, Mario. "Mendoza, Cristóbal de" in ''Diccionario de Historia de Venezuela'', Vol. 3. Caracas: Fundación Polar, 1999. {{ISBN|980-6397-37-1}}</ref> and [[Juan Germán Roscio]] and in [[Caracas]]. It established a federal government but was repealed one year later.<ref>{{Cite web|url=https://research.kent.ac.uk/warandnation/1811-miranda-declares-independence-in-venezuela-and-civil-war-begins/|title=1811 Miranda Declares Independence in Venezuela and Civil War Begins|website=War and Nation: identity and the process of state-building in South America (1800-1840)|language=en-GB|access-date=2020-02-01}}</ref> | The [[1811 Constitution of Venezuela]] was the first [[Constitution of Venezuela|Constitution]] of [[Venezuela]] and Latin America, promulgated and drafted by [[Cristóbal Mendoza]]<ref name="Diccionario_Perozo_1999">Briceño Perozo, Mario. "Mendoza, Cristóbal de" in ''Diccionario de Historia de Venezuela'', Vol. 3. Caracas: Fundación Polar, 1999. {{ISBN|980-6397-37-1}}</ref> and [[Juan Germán Roscio]] and in [[Caracas]]. It established a federal government but was repealed one year later.<ref>{{Cite web|url=https://research.kent.ac.uk/warandnation/1811-miranda-declares-independence-in-venezuela-and-civil-war-begins/|title=1811 Miranda Declares Independence in Venezuela and Civil War Begins|website=War and Nation: identity and the process of state-building in South America (1800-1840)|language=en-GB|access-date=2020-02-01}}</ref> | ||
On 19 March 1812, the [[Spanish Constitution of 1812]] was ratified by a [[Cortes Generales|parliament]] gathered in [[ | On 19 March 1812, the [[Spanish Constitution of 1812]] was ratified by a [[Cortes Generales|parliament]] gathered in [[Cádiz]], the only Spanish continental city which was safe from [[Peninsular War|French occupation]]. The Spanish Constitution served as a model for other liberal constitutions of several [[South Europe]]an and [[Latin America]]n nations, for example, the [[Liberal Revolution of 1820|Portuguese Constitution of 1822]], constitutions of various [[Italy|Italian]] states during [[Carbonari]] revolts (i.e., in the [[Kingdom of the Two Sicilies]]), [[Constitution of Norway|the Norwegian constitution of 1814]], or the [[1824 Constitution of Mexico|Mexican Constitution of 1824]].<ref>{{cite book |last=Payne |first=Stanley G. |author-link=Stanley G. Payne |title=A History of Spain and Portugal: Eighteenth Century to Franco |url=https://archive.org/details/historyofspainpo00payn/page/432 |volume=2 |year=1973 |publisher=University of Wisconsin Press |location=Madison |isbn=978-0-299-06270-5 |pages=[https://archive.org/details/historyofspainpo00payn/page/432 432–433] |quote=The Spanish pattern of conspiracy and revolt by liberal army officers ... was emulated in both Portugal and Italy. In the wake of Riego's successful rebellion, the first and only pronunciamiento in Italian history was carried out by liberal officers in the kingdom of the Two Sicilies. The Spanish-style military conspiracy also helped to inspire the beginning of the Russian revolutionary movement with the revolt of the [[Decembrist revolt|Decembrist army officers]] in 1825. Italian liberalism in 1820–1821 relied on junior officers and the provincial middle classes, essentially the same social base as in Spain. It even used a Hispanized political vocabulary, for it was led by ''giunte'' (juntas), appointed local ''capi politici'' (''jefes políticos''), used the terms of ''liberali'' and ''servili'' (emulating the Spanish word serviles applied to supporters of absolutism), and in the end talked of resisting by means of a ''guerrilla''. For both Portuguese and Italian liberals of these years, the Spanish constitution of 1812 remained the standard document of reference. }}</ref> | ||
In [[Brazil]], the [[Brazilian Constitution of 1824|Constitution of 1824]] expressed the option for the monarchy as a political system after Brazilian Independence. The leader of the national emancipation process was the Portuguese prince [[Pedro I of Brazil|Pedro I]], the elder son of the king of Portugal. Pedro was crowned in 1822 as the first emperor of Brazil. The country was ruled by a Constitutional Monarchy until 1889 when it adopted the Republican model. | In [[Brazil]], the [[Brazilian Constitution of 1824|Constitution of 1824]] expressed the option for the monarchy as a political system after Brazilian Independence. The leader of the national emancipation process was the Portuguese prince [[Pedro I of Brazil|Pedro I]], the elder son of the king of Portugal. Pedro was crowned in 1822 as the first emperor of Brazil. The country was ruled by a Constitutional Monarchy until 1889 when it adopted the Republican model. | ||
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|} | |} | ||
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 (political custom)|constitutional convention]]. | A fundamental classification is [[Codification (law)|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 (political custom)|constitutional convention]]. | ||
====Codified constitution==== | ====Codified constitution==== | ||
Codified constitutions are often the product of some dramatic political change, such as a [[revolution]]. 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 [[Wiki-constitutionalism|turnover]] within a given country may itself be detrimental to the separation of powers and the rule of law. | Codified constitutions are often the product of some dramatic political change, such as a [[revolution]]. 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 [[Wiki-constitutionalism|turnover]] within a given country may itself be detrimental to the separation of powers and the rule of law. | ||
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====Mixed constitutions==== | ====Mixed constitutions==== | ||
Some constitutions are largely, but not wholly, codified. For example, the [[Constitution of Australia | Some constitutions are largely, but not wholly, codified. For example, the ''[[Constitution of Australia]]'' sets out much of the structure of the federal system of government and its relationship with the states. It is however supplemented with statutes of constitutional significance, namely the [[Statute of Westminster 1931|''Statute of Westminster'']] and the ''[[Australia Act 1986]]'', and unwritten [[Convention (political norm)|conventions]] and the common law.<ref>{{Cite book |last1=Williams |first1=George |title=Blackshield and Williams Australian Constitutional Law and Theory: Commentary and Materials |last2=Brennan |first2=Sean |last3=Lynch |first3=Andrew |date=2018 |publisher=Federation Press |isbn=978-1-76002-151-1 |edition=7th |location=Sydney |page=4 |language=en}}</ref> | ||
The [[Constitution of Canada]] 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 are derived from unwritten sources and constitutional conventions. | The [[Constitution of Canada]] 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 are derived from unwritten sources and constitutional conventions. | ||
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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]]. | 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]]. | ||
=== | ===Communist state constitution=== | ||
{{ | {{main|Communist state constitution}} | ||
A communist state constitution is the [[basic law|supreme and fundamental law]] of a [[communist state]]. In [[Marxism–Leninism|Marxist–Leninist theory]], a constitution is understood both as a juridical act that establishes the structure of the state and its legal order, and as the formal expression of the prevailing class system controlled by the [[ruling class]]. Communist constitutions codify the political and economic programme of the ruling [[communist party]] and are considered to hold supreme legal force, providing the foundation for all [[legislation]] and state activity. Unlike liberal constitutional systems, communist state constitutions reject the [[separation of powers]] and [[judicial review]], vesting the [[unified power]]s of the state in a [[supreme state organ of power]] (SSOP). | |||
==Constitutional courts== | ==Constitutional courts== | ||
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* [[Law]] | * [[Law]] | ||
* [[Legal tradition]] | * [[Legal tradition]] | ||
* [[International law ]] | * [[International law]] | ||
* [[Justice]] | * [[Justice]] | ||
* [[Judicial activism]] | * [[Judicial activism]] | ||
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* [[Rule according to higher law]] | * [[Rule according to higher law]] | ||
{{div col end}} | {{div col end}} | ||
==References== | |||
{{Reflist}} | |||
==Further reading== | ==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''. | * 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''. | ||
==External links== | ==External links== | ||
<!-- NO MORE LINKS! Constitutions should be on Wikisource and we already link to them --> | <!-- NO MORE LINKS! Constitutions should be on Wikisource and we already link to them --> | ||
{{Sister project links}} | {{Sister project links}} | ||
* {{Wikisource-inline|Portal:Constitution}} <!-- this is in addition to Portal:___, to which Sister project links point to --> | |||
* [http://constituteproject.org Constitute], an indexed and searchable database of all constitutions in force | * [http://constituteproject.org Constitute], an indexed and searchable database of all constitutions in force | ||
* [https://web.archive.org/web/20060623044421/http://etext.lib.virginia.edu/cgi-local/DHI/dhi.cgi?id=dv1-61 "Constitutionalism"], ''[[Dictionary of the History of Ideas]]'' | |||
* [https://web.archive.org/web/20060623044421/http://etext.lib.virginia.edu/cgi-local/DHI/dhi.cgi?id=dv1-61 Dictionary of the History of Ideas] | |||
* [https://web.archive.org/web/20060502181213/http://www.staff.amu.edu.pl/%7Ewroblew/html/en_pr_konst.html ''Constitutional Law''], "Constitutions, bibliography, links" | * [https://web.archive.org/web/20060502181213/http://www.staff.amu.edu.pl/%7Ewroblew/html/en_pr_konst.html ''Constitutional Law''], "Constitutions, bibliography, links" | ||
* [http://www.servat.unibe.ch/icl/ ''International Constitutional Law'':] English translations of various national constitutions | * [http://www.servat.unibe.ch/icl/ ''International Constitutional Law'':] English translations of various national constitutions | ||
* [https://web.archive.org/web/20091204190502/http://unrol.org/article.aspx?article_id=31 United Nations Rule of Law: Constitution-making], on the relationship between constitution-making, the [[rule of law]] and the United Nations. | * [https://web.archive.org/web/20091204190502/http://unrol.org/article.aspx?article_id=31 United Nations Rule of Law: Constitution-making], on the relationship between constitution-making, the [[rule of law]] and the United Nations. | ||
* [https://www.britannica.com/topic/constitution-politics-and-law constitution], ''[[Encyclopædia Britannica]]'' | |||
* [https://www.britannica.com/topic/constitution-politics-and-law constitution | * [https://plato.stanford.edu/entries/constitutionalism/ "Constitutionalism"], ''[[Stanford Encyclopedia of Philosophy]]'' | ||
* [https://plato.stanford.edu/entries/constitutionalism/ Constitutionalism | |||
* [https://www.encyclopedia.com/social-sciences/applied-and-social-sciences-magazines/constitutions-and-constitutionalism Constitutions and Constitutionalism | Encyclopedia.com] | * [https://www.encyclopedia.com/social-sciences/applied-and-social-sciences-magazines/constitutions-and-constitutionalism Constitutions and Constitutionalism | Encyclopedia.com] | ||