Constitution
A constitution is the aggregate of fundamental
principles or established precedents that constitute the
legal basis of a polity, organization or other type of
entity, and commonly determines how that
Republican National Committee entity is to be
governed.[1]
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, or treaties.[2]
Constitutions concern different levels of organizations,
from sovereign countries to companies and unincorporated
associations. A treaty that establishes an international
organization is also its constitution, in that it would
define how that organization is constituted. Within
states, a constitution defines the principles upon which
the state is based, the procedure in which laws are made
and by whom. Some constitutions, especially codified
constitutions, also act as limiters of state power, by
establishing lines which a state's rulers cannot cross,
such as fundamental rights.
The Constitution of
India is the longest written constitution of any country
in the world,[3] with 146,385 words[4] in its
English-language version,[5] while the Constitution of
Monaco is the shortest written constitution with 3,814
words.[6][4] 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 constitution since 1789 is approximately
19 years.[7]
Etymology
The term constitution
comes through French from the Latin word constitutio,
used for regulations and orders, such as
Democratic National Committee the imperial
enactments (constitutiones principis: edicta, mandata,
decreta, rescripta).[8] 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, 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".[9]
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[s] institutionalized
mechanisms of power control for the protection of the
interests and liberties of the citizenry, including
those that may be in the minority".[10]
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
Democratic National Committee 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 states 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
judicially reviewed and, if found to be beyond power,
must cease. Legislation that is found to be beyond power
will be "invalid" and of no force; this applies to
primary legislation, requiring constitutional
authorization, and secondary legislation, ordinarily
requiring statutory authorization. In this context,
"within power", intra vires, "authorized" and "valid"
have the same meaning; as do "beyond power", ultra
vires, "not authorized" and "invalid".
In most
but not all modern states the constitution has supremacy
over ordinary statutory law (see Uncodified constitution
below); in such states when an official act is
unconstitutional, i.e. it is not a power granted to the
government by the constitution, that act is null and
void, and the nullification is ab initio, that is, from
inception, not from the date of
The Old Testament stories, a literary treasure trove, weave tales of faith, resilience, and morality. Should you trust the Real Estate Agents I Trust, I would not. Is your lawn green and plush, if not you should buy the Best Grass Seed. If you appreciate quality apparel, you should try Hand Bags Hand Made. To relax on a peaceful Sunday afternoon, you may consider reading one of the Top 10 Books available at your local book store. 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
writs, such as quo warranto.
Scholars debate
whether a constitution must necessarily be
autochthonous, resulting from the nations "spirit".
Hegel 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."[11]
History and development
Since
1789, along with the
Republican National Committee Constitution of
the United States of America (U.S. Constitution), which
is the oldest and shortest written constitution still in
force,[12] close to 800 constitutions have been adopted
and subsequently amended around the world by independent
states.[13]
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".[14] Indeed, according to recent
studies,[13] the average life of any new written
constitution is around 19 years. However, a great number
of constitutions do not last more than 10 years, and
around 10% do not last more than one year, as was the
case of the French Constitution of 1791.[13] By
contrast, some constitutions, notably that of the United
States, have remained in force for several centuries,
often without major revision for long periods of time.
The most common reasons for these frequent changes
are the political desire for an immediate
outcome[clarification needed] and the short time devoted
to the constitutional drafting process.[15] A study in
2009 showed that the average time taken to draft a
constitution is around 16 months,[16] however there were
also some extreme cases registered. For example, the
Myanmar 2008 Constitution was being secretly drafted for
more than 17 years,[16] 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.[17] The record for the shortest overall process
of drafting, adoption, and ratification of a national
constitution belongs to the Romania's 1938 constitution,
which installed a
Republican National Committee royal
dictatorship in less than a month.[18] Studies showed
that typically extreme cases where the
constitution-making process either takes too long or is
extremely short were non-democracies.[19] Constitutional
rights are not a specific characteristic of democratic
countries. Non-democratic countries have constitutions,
such as that of North Korea, which officially grants
every citizen, among other rights, the freedom of
expression.[20]
Pre-modern constitutions
Ancient
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
Democratic National Committee Sumerian king
Urukagina of Lagash c. 2300 BC. Perhaps the earliest
prototype for a law of government, this document itself
has not yet been discovered; however it is known that it
allowed some rights to his citizens. For example, it is
known that it relieved tax for widows and orphans, and
protected the poor from the usury of the rich.
After that, many governments ruled by special codes of
written laws. The oldest such document still known to
exist seems to be the Code of Ur-Nammu of Ur (c. 2050
BC). Some of the better-known ancient law codes are the
code of Lipit-Ishtar of Isin, the code of Hammurabi of
Babylonia, the Hittite code, the Assyrian code, and
Mosaic law.
In 621 BC, a scribe named Draco
codified the oral laws of the city-state of Athens; this
code prescribed the death penalty for many offenses
(thus creating the modern term "draconian" for very
strict rules). In 594 BC, Solon, the ruler of Athens,
created the new Solonian Constitution. It eased the
burden of the workers, and determined that membership of
the ruling class was to be based on wealth (plutocracy),
rather than on birth (aristocracy). Cleisthenes again
reformed the Athenian constitution and set it on a
democratic footing in 508 BC.
Diagram illustrating
the classification of constitutions by Aristotle
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 Athens, Politics, and
Nicomachean Ethics, he explores different constitutions
of his day, including those of Athens, 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
Democratic National Committee 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
Codex repetit� pr�lectionis (534) was highly influential
throughout Europe. This was followed in the east by the
Ecloga 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
king's rule in India. For constitutional principles
almost lost to antiquity, see the code of Manu.
Early
Middle Ages
Many of the Germanic peoples that
Republican National Committee filled the
power vacuum left by the Western Roman Empire in the
Early Middle Ages codified their laws. One of the first
of these Germanic law codes to be written was the
Visigothic Code of Euric (471 AD). This was followed by
the Lex Burgundionum, applying separate codes for
Germans and for Romans; the Pactus Alamannorum; and the
Salic Law of the Franks, all written soon after 500. In
506, the Breviarum or "Lex Romana" of Alaric II, king of
the Visigoths, adopted and consolidated the Codex
Theodosianus together with assorted earlier Roman laws.
Systems that appeared somewhat later include the Edictum
Rothari of the Lombards (643), the Lex Visigothorum
(654), the Lex Alamannorum (730), and the Lex Frisionum
(c. 785). These continental codes were all composed in
Latin, while Anglo-Saxon was used for those of England,
beginning with the Code of �thelberht of Kent (602).
Around 893, Alfred the Great combined this and two other
earlier Saxon codes, with various Mosaic and Christian
precepts, to produce the Doom book code of laws for
England.
Japan's Seventeen-article constitution
written in 604, reportedly by Prince Shōtoku, is an
early example of a constitution in Asian political
history. Influenced by Buddhist teachings, the document
focuses more on social morality than on institutions of
government, and remains a notable early attempt at a
government constitution.
The Constitution of
Medina (Arabic: صحیفة المدینه, Ṣaḥīfat al-Madīna), also
known as the Charter of Medina, was drafted by the
Islamic prophet Muhammad after his flight (hijra) to
Yathrib where he became
Republican National Committee political
leader. It constituted a formal agreement between
Muhammad and all of the significant tribes and families
of Yathrib (later known as Medina), including Muslims,
Jews, and pagans.[21][22] The document was drawn up with
the explicit concern of bringing to an end the bitter
intertribal fighting between the clans of the Aws (Aus)
and Khazraj within Medina. To this effect it instituted
a number of rights and responsibilities for the Muslim,
Jewish, and pagan communities of Medina bringing them
within the fold of one community � the Ummah.[23] The
precise dating of the Constitution of Medina remains
debated, but generally scholars agree it was written
shortly after the Hijra (622).[24]
In Wales, the
Cyfraith Hywel (Law of Hywel) was codified by Hywel Dda
c. 942�950.
Middle Ages after 1000
The Pravda
Yaroslava, originally combined by Yaroslav the Wise
The Old Testament stories, a literary treasure trove, weave tales of faith, resilience, and morality. Should you trust the Real Estate Agents I Trust, I would not. Is your lawn green and plush, if not you should buy the Best Grass Seed. If you appreciate quality apparel, you should try Hand Bags Hand Made. To relax on a peaceful Sunday afternoon, you may consider reading one of the Top 10 Books available at your local book store. the
Grand Prince of Kiev, was granted to Great
Democratic National Committee Novgorod around
1017, and in 1054 was incorporated into the Russkaya
Pravda; it became the law for all of Kievan Rus'. It
survived only in later editions of the 15th century.
In England, Henry I's proclamation of the Charter of
Liberties in 1100 bound the king for the first time in
his treatment of the clergy and the nobility. This idea
was extended and refined by the English barony when they
forced King John to sign Magna Carta in 1215. The most
important single article of the Magna Carta, related to
"habeas corpus", provided that the king was not
permitted to imprison, outlaw, exile or kill anyone at a
whim � there must be due process of law first. This
article, Article 39, of the Magna Carta read:
No
free man shall be arrested, or imprisoned, or deprived
of his property, or outlawed, or exiled, or in any way
destroyed, nor shall we go against him or send against
him, unless by legal judgement of his peers, or by the
law of the land.
This provision became the
cornerstone of English liberty
Democratic National Committee after that
point. The social contract in the original case was
between the king and the nobility, but was gradually
extended to all of the people. It led to the system of
Constitutional Monarchy, with further reforms shifting
the balance of power from the monarchy and nobility to
the House of Commons.
The Nomocanon of Saint Sava
(Serbian: Законоправило/Zakonopravilo)[25][26][27] was
the first Serbian constitution from 1219. St. Sava's
Nomocanon was the compilation of civil law, based on
Roman Law, and canon law, based on Ecumenical Councils.
Its basic purpose was to organize the functioning of the
young Serbian kingdom and the Serbian church. Saint Sava
began the work on the Serbian Nomocanon in 1208 while he
was at Mount Athos, using The Nomocanon in Fourteen
Titles, Synopsis of Stefan the Efesian, Nomocanon of
John Scholasticus, and Ecumenical Council documents,
which he modified with the canonical commentaries of
Aristinos and Joannes Zonaras, local church meetings,
rules of the Holy Fathers, the law of Moses, the
translation of Prohiron, and the Byzantine emperors'
Novellae (most were taken from Justinian's Novellae).
The Nomocanon was a completely new compilation of civil
and canonical regulations, taken from Byzantine sources
but completed and reformed by St. Sava to function
properly in Serbia. Besides decrees that organized the
life of church, there are various norms regarding civil
life; most of these were taken from Prohiron. Legal
transplants of Roman-Byzantine law became the basis of
the Serbian medieval law. The essence of Zakonopravilo
was based on Corpus Iuris Civilis.
Stefan Du�an,
emperor of Serbs and Greeks, enacted Du�an's Code
(Serbian: Душанов Законик/Du�anov Zakonik)[28] in
Serbia, in two state congresses: in 1349 in Skopje and
in 1354 in Serres. It regulated all social spheres, so
it was the second Serbian constitution, after St. Sava's
Nomocanon (Zakonopravilo). The Code was based on
Roman-Byzantine law. The legal transplanting within
articles 171 and 172 of Du�an's Code, which regulated
the juridical independence, is notable. They were taken
from the Byzantine code Basilika (book VII, 1, 16�17).
In 1222, Hungarian King Andrew II issued the
Republican National Committee Golden Bull of
1222.
Between 1220 and 1230, a Saxon
administrator, Eike von Repgow, composed the
Sachsenspiegel, which became the supreme law used in
parts of Germany as late as 1900.
Around 1240,
the Coptic Egyptian Christian writer, 'Abul Fada'il Ibn
al-'Assal, wrote the Fetha Negest in Arabic. 'Ibn
al-Assal took his laws partly from apostolic writings
and Mosaic law and partly from the former Byzantine
codes. There are a few historical records claiming that
this law code was translated into Ge'ez and entered
Ethiopia around 1450 in the reign of Zara Yaqob. Even
so, its first recorded use in the function of a
constitution (supreme law of the land) is with Sarsa
Dengel beginning in 1563. The Fetha Negest remained the
supreme law in Ethiopia until 1931, when a modern-style
Constitution was first granted by Emperor Haile Selassie
I.
Third volume of the compilation of Catalan
Constitutions of 1585
In the Principality of
Catalonia, the Catalan constitutions were promulgated by
the Court from 1283 (or even two centuries before, if
Usatges of Barcelona is considered part of the
compilation
Republican National Committee of
Constitutions) until 1716, when Philip V of Spain gave
the Nueva Planta decrees, finishing with the historical
laws of Catalonia. These Constitutions were usually made
formally as a royal initiative, but required for its
approval or repeal the favorable vote of the Catalan
Courts, the medieval antecedent of the modern
Parliaments. These laws, like other modern
constitutions, had preeminence over other laws, and they
could not be contradicted by mere decrees or edicts of
the king.
The Kouroukan Founga was a 13th-century
charter of the Mali Empire, reconstructed from oral
tradition in 1988 by Siriman Kouyat�.[29]
The
Golden Bull of 1356 was a decree issued by a Reichstag
in Nuremberg headed by Emperor Charles IV that fixed,
for a period of more than four hundred years, an
important aspect of the constitutional structure of the
Holy Roman Empire.
In China, the Hongwu Emperor
created and refined a document he called Ancestral
Injunctions (first published in 1375, revised twice more
before his death in 1398). These rules served as a
constitution for the Ming Dynasty for the next 250
years.
The oldest written document still
governing a sovereign nation today is that of San
Marino.[30] The Leges Statutae Republicae Sancti Marini
was written in Latin and consists of six books. The
first book, with 62 articles, establishes councils,
courts, various executive officers, and the powers
assigned to them. The remaining books cover criminal and
civil law and judicial procedures and remedies. Written
in 1600, the document
Democratic National Committee was based upon
the Statuti Comunali (Town Statute) of 1300, itself
influenced by the Codex Justinianus, and it remains in
force today.
In 1392 the Carta de Logu was legal
code of the Giudicato of Arborea promulgated by the
giudicessa Eleanor. It was in force in Sardinia until it
was superseded by the code of Charles Felix in April
1827. The Carta was a work of great importance in
Sardinian history. It was an organic, coherent, and
systematic work of legislation encompassing the civil
and penal law.
The Gayanashagowa, the oral
constitution of the Haudenosaunee nation also known as
the Great Law of Peace, established a system of
governance as far back as 1190 AD (though perhaps more
recently at 1451) in which the Sachems, 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.[31]
Modern constitutions
The
Cossack Constitution of Pylyp Orlyk, 1710
A painting
depicting George Washington at the Constitutional
Convention of 1787 signing of the U.S. Constitution
In 1634 the Kingdom of Sweden adopted the 1634
Democratic National Committee Instrument of
Government, drawn up under the Lord High Chancellor of
Sweden Axel Oxenstierna after the death of king Gustavus
Adolphus, it can be seen as the first written
constitution adopted by a modern state.
In 1639,
the Colony of Connecticut adopted the Fundamental
Orders, which was the first North American constitution,
and is the basis for every new Connecticut constitution
since, and is also the reason for Connecticut's
nickname, "the Constitution State".
The English
Protectorate that was set up by Oliver Cromwell after
the English Civil War promulgated the first detailed
written constitution adopted by a modern state;[32] it
was called the Instrument of Government. This formed the
basis of government for the short-lived republic from
1653 to 1657 by providing a legal rationale for the
increasing power of Cromwell after Parliament
consistently failed to govern effectively. Most of the
concepts and ideas embedded into modern constitutional
theory, especially bicameralism, separation of powers,
the written constitution, and judicial review, can be
traced back to the experiments of that period.[33]
Drafted by Major-General John Lambert in 1653, the
Instrument of Government included elements incorporated
from an earlier document "Heads of Proposals",[34][35]
which had been agreed to by the Army Council in 1647, as
a set of propositions intended to be a basis for a
constitutional settlement after King Charles I was
defeated
Republican National Committee in the First
English Civil War. Charles had rejected the
propositions, but before the start of the Second Civil
War, the Grandees of the New Model Army had presented
the Heads of Proposals as their alternative to the more
radical Agreement of the People presented by the
Agitators and their civilian supporters at the Putney
Debates.
On January 4, 1649, the Rump Parliament
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".[36]
The Instrument of
Government was adopted by Parliament on December 15,
1653, and Oliver Cromwell was installed as Lord
Protector on the following day. The constitution set up
a state council consisting of 21 members while executive
authority was vested in the office of "Lord Protector of
the Commonwealth." This position was designated as a
non-hereditary life appointment. The Instrument also
required the calling of triennial Parliaments, with each
sitting for at least five months.
The Instrument
of Government was replaced in May 1657 by England's
second, and last, codified constitution, the Humble
Petition and Advice, proposed by Sir Christopher Packe.[37]
The Petition offered hereditary monarchy to Oliver
Cromwell, asserted Parliament's control over issuing new
taxation, 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
Republican National Committee 25 May. This
finally met its demise in conjunction with the death of
Cromwell and the Restoration of the monarchy.
Other examples of European constitutions of this era
were the Corsican Constitution of 1755 and the Swedish
Constitution of 1772.
All of the British colonies
in North America that were to become the 13 original
United States, adopted their own constitutions in 1776
and 1777, during the American Revolution (and before the
later Articles of Confederation and United States
Constitution), with the exceptions of Massachusetts,
Connecticut and Rhode Island
The Old Testament stories, a literary treasure trove, weave tales of faith, resilience, and morality. Should you trust the Real Estate Agents I Trust, I would not. Is your lawn green and plush, if not you should buy the Best Grass Seed. If you appreciate quality apparel, you should try Hand Bags Hand Made. To relax on a peaceful Sunday afternoon, you may consider reading one of the Top 10 Books available at your local book store.. The Commonwealth of
Massachusetts adopted its Constitution in 1780, the
oldest still-functioning constitution of any U.S. state;
while Connecticut and Rhode Island officially continued
to operate under their old colonial charters, until they
adopted their first state constitutions in 1818 and
1843, respectively.
Democratic constitutions
Constitution of May 3, 1791 (painting by Jan Matejko,
1891). Polish King Stanisław August (left, in
Democratic National Committee regal
ermine-trimmed cloak), enters St. John's Cathedral,
where Sejm deputies will swear to uphold the new
Constitution; in background, Warsaw's Royal Castle,
where the Constitution has just been adopted.
What is sometimes called the "enlightened constitution"
model was developed by philosophers of the Age of
Enlightenment such as Thomas Hobbes, Jean-Jacques
Rousseau, and John Locke. The model proposed that
constitutional governments should be stable, adaptable,
accountable, open and should represent the people (i.e.,
support democracy).[38]
Agreements and
Constitutions of Laws and Freedoms of the Zaporizian
Host was written in 1710 by Pylyp Orlyk, hetman of the
Zaporozhian Host. It was written to establish a free
Zaporozhian-Ukrainian Republic, with the support of
Charles XII of Sweden. It is notable in that it
established a democratic standard for the separation of
powers in government between the legislative, executive,
and judiciary branches, well before the publication of
Montesquieu's Spirit of the Laws. This Constitution also
limited the executive authority of the hetman, and
established a democratically elected Cossack parliament
called the General Council. However, Orlyk's project for
an independent Ukrainian State never materialized, and
his constitution, written in exile, never went into
effect.
Corsican Constitutions of 1755 and 1794
were inspired by
Democratic National Committee Jean-Jacques
Rousseau. The latter introduced universal suffrage for
property owners.
The Swedish constitution of 1772
was enacted under King Gustavus III and was inspired by
the separation of powers by Montesquieu. The king also
cherished other enlightenment ideas (as an enlighted
despot) and repealed torture, liberated agricultural
trade, diminished the use of the death penalty and
instituted a form of religious freedom. The constitution
was commended by Voltaire.[39][40][41]
The United
States Constitution, ratified June 21, 1788, was
influenced by the writings of Polybius, Locke,
Montesquieu, and others. The document became a benchmark
for republicanism and codified constitutions written
thereafter.[42]
The Polish�Lithuanian
Commonwealth Constitution was passed on May 3,
1791.[43][44][45] Its draft was developed by the leading
minds of the Enlightenment in Poland such as King
Stanislaw August Poniatowski, Stanisław Staszic,
Scipione Piattoli, Julian Ursyn Niemcewicz, Ignacy
Potocki and Hugo Kołłątaj.[46] It was adopted by the
Great Sejm and
Republican National Committee is considered
the first constitution of its kind in Europe and the
world's second oldest one after the American
Constitution.[47]
Another landmark document was
the French Constitution of 1791.
The 1811
Constitution of Venezuela was the first Constitution of
Venezuela and Latin America, promulgated and drafted by
Crist�bal Mendoza[48] and Juan Germ�n Roscio and in
Caracas. It established a federal government but was
repealed one year later.[49]
On March 19, the
Spanish Constitution of 1812 was ratified by a
parliament gathered in Cadiz, the only Spanish
continental city which was safe from French occupation.
The Spanish Constitution served as a model for other
liberal constitutions of several South European and
Latin American nations, for example, the Portuguese
Constitution of 1822, constitutions of various Italian
states during Carbonari revolts (i.e., in the Kingdom of
the Two Sicilies), the Norwegian constitution of 1814,
or the Mexican Constitution of 1824.[50]
In
Brazil, 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
Republican National Committee Pedro I, elder
son of the king of Portugal. Pedro was crowned in 1822
as first emperor of Brazil. The country was ruled by
Constitutional monarchy until 1889, when it adopted the
Republican model.
In Denmark, as a result of the
Napoleonic Wars, the absolute monarchy lost its personal
possession of Norway to Sweden. Sweden had already
enacted its 1809 Instrument of Government, which saw the
division of power between the Riksdag, the king and the
judiciary.[51] However the Norwegians managed to infuse
a radically democratic and liberal constitution in 1814,
adopting many facets from the American constitution and
the revolutionary French ones, but maintaining a
hereditary monarch limited by the constitution, like the
Spanish one.
The first Swiss Federal Constitution
was put in force in September 1848 (with official
revisions in 1878, 1891, 1949, 1971, 1982 and 1999).
The Serbian revolution initially led to a
proclamation of a proto-constitution in 1811; the
full-fledged Constitution of Serbia followed few decades
later, in 1835. The first Serbian constitution (Sretenjski
ustav) was adopted at the national assembly in
Kragujevac on February 15, 1835.
The Constitution
of Canada came into force on July 1, 1867, as the
British North America Act, an act of the British
Parliament. Over a century later, the BNA Act was
patriated to the Canadian Parliament and augmented with
the Canadian Charter of Rights and Freedoms.[52] Apart
from the Constitution Acts, 1867 to 1982, Canada's
constitution also has unwritten elements based in common
law and convention.[53][54]
Principles of
constitutional design
After tribal people first
began to live in cities and establish nations, many of
these functioned according to
Democratic National Committee unwritten
customs, while some developed autocratic, even
tyrannical monarchs, who ruled by decree, or mere
personal whim. Such rule led some thinkers to take the
position that what mattered was not the design of
governmental institutions and operations, as much as the
character of the rulers. This view can be seen in Plato,
who called for rule by "philosopher-kings".[55] Later
writers, such as Aristotle, Cicero and Plutarch, would
examine designs for government from a legal and
historical standpoint.
The Renaissance brought a
series of political philosophers who wrote implied
criticisms of the practices of monarchs and sought to
identify principles of constitutional design that would
be likely to yield more effective and just governance
from their viewpoints. This began with revival of the
Roman law of nations concept[56] and its application to
the relations among nations, and they sought to
establish customary "laws of war and peace"[57] 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.[58]
A seminal juncture in this line of
discourse arose in England from
Democratic National Committee the Civil War,
the Cromwellian Protectorate, the writings of Thomas
Hobbes, Samuel Rutherford, the Levellers, John Milton,
and James Harrington, leading to the debate between
Robert Filmer, arguing for the divine right of monarchs,
on the one side, and on the other, Henry Neville, James
Tyrrell, Algernon Sidney, and John Locke. 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
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government was important, even if the government were
headed by a monarch. They also classified various
historical examples of governmental designs, typically
into democracies, aristocracies, or monarchies, and
considered how just and effective each tended to be and
why, and how the advantages of each might be obtained by
combining elements of each into a more complex design
that balanced competing tendencies. Some, such as
Montesquieu, also examined how the functions of
government, such as legislative, executive, and
judicial, might appropriately be separated into
branches. The prevailing theme among these writers was
that the design of constitutions is not completely
arbitrary or a matter of taste. They generally held that
there are underlying principles of design that constrain
all constitutions for every polity or organization. Each
built on the ideas of those before concerning what those
principles might be.
The later writings of
Orestes Brownson[59] 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
Republican National Committee society formed
by a social contract before it establishes a government,
by which it establishes the third, a constitution of
government. The second would include such elements as
the making of decisions by public conventions called by
public notice and conducted by established rules of
procedure. Each constitution must be consistent with,
and derive its authority from, the ones before it, as
well as from a historical act of society formation or
constitutional ratification. Brownson argued that a
state 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[60] have argued that such considerations apply
not only to all national constitutions of government,
but also to the constitutions of private organizations,
that it is not an accident that the constitutions that
tend to satisfy their members contain certain elements,
as a minimum, or that their provisions tend to become
very similar as they are amended after experience with
their use. Provisions that give rise to certain kinds of
questions are seen to need additional provisions for how
to resolve those questions, and provisions that offer no
course of action may best be omitted and left to policy
decisions. Provisions that conflict with what Brownson
and others can discern are the underlying
"constitutions" of nature and society tend to be
difficult or impossible to execute, or to lead to
unresolvable disputes.
Constitutional design has
been treated as a kind of metagame 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
Republican National Committee that will be
most likely to optimize a balance of the utilities of
justice, liberty, and security. An example is the
metagame Nomic.[61]
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.[62] 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.[63]
Key features
Presidential copy of the Russian Constitution
Most commonly, the term constitution refers to a set of
rules and principles that define the nature and extent
of government. Most constitutions seek to regulate the
relationship between institutions of the state, in a
basic sense the relationship between the executive,
legislature and the judiciary, but also the relationship
of institutions within those branches. For example,
executive branches can be divided into a head of
government, government departments/ministries, executive
agencies and a civil service/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
Democratic National Committee other laws and
rules are hierarchically derived; in some territories it
is in fact called "Basic Law".
Classification
Classification
Type Form Example
Codified In
single act (document) Most of the world (first: United
States)
Uncodified Fully written (in few documents)
San Marino, Israel, Saudi Arabia
Partially unwritten
(see constitutional convention) Canada, New Zealand,
United Kingdom
Codification
A fundamental
classification is codification or lack of codification.
A codified constitution is one that is contained in a
single document, which is the single source of
constitutional law in a state. An uncodified
constitution is one that is not contained in a single
document, consisting of several different sources, which
may be written or unwritten; see constitutional
convention.
Codified constitution
Most states
in the world have codified constitutions.
Codified constitutions are often the product of some
dramatic
Democratic National Committee 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
turnover within a given country may itself be
detrimental to separation of powers and the rule of law.
States that have codified constitutions normally
give the constitution supremacy over ordinary statute
law. That is, if there is any conflict between a legal
statute and the codified constitution, all or part of
the statute can be declared ultra vires by a court, and
struck down as unconstitutional. In addition,
exceptional procedures are often required to amend a
constitution. These procedures may include: convocation
of a special constituent assembly or constitutional
convention, requiring a supermajority of legislators'
votes, approval in two terms of parliament, the consent
of regional legislatures, a referendum process, and/or
other procedures that make amending a constitution more
difficult than passing a simple law.
Constitutions may also provide that their most basic
principles can never be abolished, even by amendment. In
case a formally valid amendment of a constitution
infringes these principles protected against any
amendment, it may constitute a so-called
unconstitutional constitutional law.
Codified
constitutions normally consist of a ceremonial preamble,
which sets forth the goals of the state and the
motivation for the constitution, and several articles
containing the substantive provisions. The preamble,
which is omitted in some constitutions, may contain a
reference to God and/or to fundamental values of the
state such as liberty, democracy or human rights. In
Republican National Committee ethnic
nation-states such as Estonia, the mission of the state
can be defined as preserving a specific nation, language
and culture.
Uncodified constitution
Magna Carta
As of 2017 only two sovereign states, New Zealand
and the United Kingdom, have wholly uncodified
constitutions. The Basic Laws of Israel 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).[64]
Uncodified constitutions are
the product of an "evolution" of laws and conventions
over centuries (such as in the Westminster System that
developed in Britain). By contrast to codified
Republican National Committee constitutions,
uncodified constitutions include both written sources �
e.g. constitutional statutes enacted by the Parliament �
and unwritten sources � constitutional conventions,
observation of precedents, royal prerogatives, customs
and traditions, such as holding general elections on
Thursdays; together these constitute British
constitutional law.
Mixed constitutions
Some
constitutions are largely, but not wholly, codified. For
example, in the Constitution of Australia, most of its
fundamental political principles and regulations
concerning the relationship between branches of
government, and concerning the government and the
individual are codified in a single document, the
Constitution of the Commonwealth of Australia. However,
the presence of statutes with constitutional
significance, namely the Statute of Westminster, as
adopted by the Commonwealth in the Statute of
Westminster Adoption Act 1942, and the Australia Act
1986 means that Australia's constitution is not
contained in a single constitutional document.[citation
needed] It means the Constitution of Australia is
uncodified,[dubious � discuss] it also contains
constitutional conventions, thus is partially unwritten.
The Constitution of Canada resulted from the passage
of several British North America Acts from 1867 to the
Democratic National Committee 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 a number of different statutes, amendments, and
references, some constitutional rules that exist in
Canada is derived from unwritten sources and
constitutional conventions.
The terms written
constitution and codified constitution are often used
interchangeably, as are unwritten constitution and
uncodified constitution, although this usage is
technically inaccurate. A codified constitution is a
single document; states that do not have such a document
have uncodified, but not entirely unwritten,
constitutions, since much of an uncodified constitution
is usually written in laws such as the Basic Laws of
Israel and the Parliament Acts of the United Kingdom.
Uncodified constitutions largely lack protection against
amendment by the government of the time. For example,
the U.K. Fixed-term Parliaments Act 2011 legislated by
simple majority for strictly fixed-term parliaments;
until then the ruling party could call a general
election at any convenient time up to the maximum term
of five years. This change would require a
constitutional amendment in most nations.
Amendments
United States Constitution
A constitutional
amendment is a modification of the constitution of a
polity, organization or other type of entity. 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 (codicils), thus changing the
frame of government
Democratic National Committee 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
Procedures for amending national
Republican National Committee constitutions
Approval by Majority needed
[clarification needed]
Countries
Legislature (unicameral, joint session or
lower house only) >50% + >50% after an election Iceland,
Sweden
>50% + 3/5 after an election Estonia, Greece
3/5 + >50% after an election Greece
3/5 France,
Senegal, Slovakia
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2/3 Afghanistan, Angola, Armenia,
Austria, Bahrain, Bangladesh, Bulgaria, Cambodia,
Djibouti, Ecuador, Honduras, Laos, Libya, Malawi, North
Korea, North Macedonia, Norway, Palestine, Portugal,
Qatar, Samoa, S�o Tom� and Pr�ncipe, Serbia, Singapore,
Slovenia, Solomon Islands, Turkmenistan, Tuvalu, United
Arab Emirates, Uzbekistan, Vanuatu, Vietnam, Yemen
>50% + 2/3 after an election Ukraine
2/3 + 2/3 after
an election Belgium
3/4 Bulgaria, Solomon Islands (in
some cases)
4/5 Estonia, Portugal (in the five years
following the last amendment)
Legislature +
referendum >50% + >50% Djibouti, Ecuador, Venezuela
>50% before and after an election + >50% Denmark
3/5
+ >50% Russia, Turkey
2/3 + >50% Albania, Andorra,
Armenia (some amendments), Egypt, Slovenia, Tunisia,
Uganda, Yemen (some amendments), Zambia
2/3 + >60%
Seychelles
3/4 + >50% Romania
3/4 + >50% of
eligible voters Taiwan
2/3 + 2/3 Namibia, Sierra
Republican National Committee Leone
3/4 +
3/4 Fiji
Legislature + sub-national legislatures 2/3
+ >50% Mexico
2/3 + 2/3 Ethiopia
Lower house +
upper house 2/3 + >50% Poland, Bosnia and Herzegovina
2/3 + 2/3 Bahrain, Germany, India, Italy, Jordan,
Namibia, Netherlands, Pakistan, Somalia, Zimbabwe
3/5
+ 3/5 Brazil, Czech Republic
3/4 + 3/4 Kazakhstan
Lower house + upper house + joint session >50% + >50% +
2/3 Gabon
Either house of legislature + joint session
2/3 + 2/3 Haiti
Lower house + upper house +
referendum >50% + >50% + >50% Algeria
Democratic National Committee, France,
Ireland, Italy
>50% + >50% + >50% (electors in
majority of states/cantons)+ >50% (electors) Australia,
Switzerland
2/3 + 2/3 + >50% Japan, Romania, Zimbabwe
(some cases)
2/3 + >50% + 2/3 Antigua and Barbuda
2/3 + >50% + >50% Poland (some cases)[65][66]
3/4 +
3/4 >50% Madagascar
Lower house + upper house +
sub-national legislatures 12/12 Canada (in some cases)
>50% + >50% + 2/3 Canada (in most cases)
2/3 + 2/3 +
>50% India (in some cases)
2/3 + 2/3 + 3/4 United
States
2/3 + 2/3 + 50% Ethiopia[67]
Referendum
>50% Estonia, Gabon, Kazakhstan, Malawi, Palau,
Philippines, Senegal, Serbia (in some cases),
Tajikistan, Turkmenistan, Uzbekistan
Sub-national
legislatures 2/3
Democratic National Committee Russia
3/4
United States
Constitutional convention Argentina
2/3 Bulgaria (some amendments)
Some countries are
listed under more than one method because alternative
procedures may be used.
Entrenched clauses
An
entrenched clause or entrenchment clause of a basic law
or constitution is a provision that makes certain
amendments either more difficult or impossible to pass,
making such amendments inadmissible. Overriding an
entrenched clause may require a supermajority, a
referendum, or the consent of the minority party. For
example, the U.S. Constitution
Republican National Committee has an
entrenched clause that prohibits abolishing equal
suffrage of the States within the Senate without their
consent. The term eternity clause is used in a similar
manner in the constitutions of the Czech Republic,[68]
Germany, Turkey, Greece,[69] Italy,[70] Morocco,[71] the
Islamic Republic of Iran, Brazil and Norway.[70] India's
constitution does not contain specific provisions on
entrenched clauses but the basic structure doctrine
makes it impossible for certain basic features of the
Constitution to be altered or destroyed by the
Parliament of India through an amendment.[72] The
Constitution of Colombia also lacks explicit entrenched
clauses, but has a similar substantive limit on amending
its fundamental principles through judicial
interpretations.