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Constitution: the story on HearLore | HearLore
Constitution
The Constitution of India stands as the longest written constitution in human history, containing 146,385 words in its English version, while the Constitution of Monaco holds the opposite distinction as the shortest with merely 3,814 words. This vast difference in length highlights how the fundamental principles governing a state can vary wildly depending on the nation's history and needs. The average lifespan of a written constitution since 1789 is approximately 19 years, yet the United States Constitution has remained in force for over two centuries with only minor revisions. This longevity is an anomaly in a world where political desire for immediate outcomes often leads to rapid constitutional turnover. Some constitutions do not last more than 10 years, and around 10 percent fail to survive even a single year, as was the case with the French Constitution of 1791. The historical life expectancy of these documents suggests that stability is the exception rather than the rule, often requiring a unique combination of political will, social consensus, and institutional resilience to endure.
Ancient Roots of Law
Excavations in modern-day Iraq by Ernest de Sarzec in 1877 uncovered evidence of the earliest known code of justice, issued by the Sumerian king Urukagina of Lagash, which relieved taxes for widows and orphans and protected the poor from usury. This document, though not yet discovered in its entirety, serves as a prototype for the law of government, predating the Code of Ur-Nammu of Ur from around 2050 BC. In 621 BC, the scribe Draco codified the oral laws of Athens, creating a system so strict that it gave rise to the modern term draconian for rules that are excessively harsh. Solon followed in 594 BC with a new constitution that eased the burden on workers and shifted ruling class membership from birth to wealth, establishing a plutocracy. Aristotle, writing around 350 BC, was the first to formally distinguish between ordinary law and constitutional law, defining a constitution as the arrangement of offices in a state. He classified different forms of government and concluded that the best constitution was a mixed system incorporating monarchic, aristocratic, and democratic elements. The Romans codified their constitution in 450 BC as the Twelve Tables, which eventually evolved into the Codex Theodosianus in 438 AD and the Codex repetitæ prælectionis in 534 AD, influencing legal systems across Europe for centuries.
The Medieval Charter
In 1215, English barons forced King John to sign the Magna Carta, a document that established the principle that the king was not permitted to imprison, outlaw, exile, or kill anyone at a whim without due process of law. Article 39 of this charter became the cornerstone of English liberty, gradually extending the social contract from the king and nobility to all people. The Constitution of Medina, drafted by the Islamic prophet Muhammad shortly after his flight to Yathrib in 622, constituted a formal agreement between Muhammad and all significant tribes and families, including Muslims, Jews, and pagans. This document aimed to end bitter intertribal fighting and instituted rights and responsibilities for all communities within the Ummah. In 1222, Hungarian King Andrew II issued the Golden Bull, which protected the rights of the nobility and limited the king's power. The Golden Bull of 1356, issued by Emperor Charles IV, fixed an important aspect of the constitutional structure of the Holy Roman Empire for more than four hundred years. The Kouroukan Founga, a 13th-century charter of the Mali Empire, included the right to life and preservation of physical integrity, along with significant protections for women. These medieval documents laid the groundwork for modern constitutionalism by establishing that rulers were not above the law and that governance required a framework of agreed-upon rules.
Common questions
What is the longest written constitution in human history and how many words does it contain?
The Constitution of India is the longest written constitution in human history, containing 146,385 words in its English version. This document stands in contrast to the Constitution of Monaco, which is the shortest with merely 3,814 words.
When was the United States Constitution ratified and how long has it remained in force?
The United States Constitution was ratified on the 21st of June 1788 and has remained in force for over two centuries with only minor revisions. This longevity is an anomaly compared to the average lifespan of a written constitution since 1789, which is approximately 19 years.
Who issued the earliest known code of justice and when was it uncovered?
Ernest de Sarzec uncovered evidence of the earliest known code of justice in 1877 during excavations in modern-day Iraq. This code was issued by the Sumerian king Urukagina of Lagash and predates the Code of Ur-Nammu of Ur from around 2050 BC.
What is the average lifespan of a written constitution since 1789 and how many fail to survive a single year?
The average lifespan of a written constitution since 1789 is approximately 19 years, and around 10 percent fail to survive even a single year. The French Constitution of 1791 serves as an example of a document that did not last more than 10 years.
When was the Polish-Lithuanian Commonwealth Constitution passed and what distinction does it hold?
The Polish-Lithuanian Commonwealth Constitution was passed on the 3rd of May 1791 and is considered the first constitution of its kind in Europe and the world's second oldest after the American Constitution. This document was drafted by leading minds of the Enlightenment in Poland, including King Stanislaw August Poniatowski and Stanisław Staszic.
The United States Constitution, ratified on the 21st of June 1788, became a benchmark for republicanism and codified constitutions written thereafter, influenced by the writings of Polybius, Locke, Montesquieu, and others. The Polish-Lithuanian Commonwealth Constitution was passed on the 3rd of May 1791, considered the first constitution of its kind in Europe and the world's second oldest after the American Constitution. This document was drafted by leading minds of the Enlightenment in Poland, including King Stanislaw August Poniatowski and Stanisław Staszic. The French Constitution of 1791 followed, marking a dramatic shift in European governance. The 1811 Constitution of Venezuela was the first constitution of Latin America, promulgated by Cristóbal Mendoza and Juan Germán Roscio. The Spanish Constitution of 1812, ratified by a parliament gathered in Cádiz, served as a model for other liberal constitutions in South Europe and Latin America. The Norwegian constitution of 1814 infused a radically democratic and liberal framework, adopting many facets from the American and French revolutionary constitutions while maintaining a hereditary monarch limited by the constitution. These documents reflected the Enlightenment ideals of stability, adaptability, accountability, and representation, challenging the notion that governance was solely the whim of a monarch.
The Modern State
The Constitution of Canada came into force on the 1st of July 1867 as the British North America Act, an act of the British Parliament. Over a century later, the BNA Act was patriated to the Canadian Parliament and augmented with the Canadian Charter of Rights and Freedoms. The Constitution of Australia sets out much of the structure of the federal system of government and its relationship with the states, supplemented by statutes of constitutional significance and unwritten conventions. The Constitution of the United Kingdom remains a notable example of an uncodified constitution, written in numerous fundamental acts of a legislature, court cases, and treaties. The Constitution of India, the longest written constitution, contains 146,385 words, while the Constitution of Monaco is the shortest with 3,814 words. The Constitution of San Marino might be the world's oldest active written constitution, with core documents in operation since 1600. These modern constitutions define the principles upon which the state is based, the procedure in which laws are made, and by whom, often acting as limiters of state power by establishing lines which rulers cannot cross, such as fundamental rights.
The Design of Power
Constitutions usually explicitly divide power between various branches of government, following the standard model described by the Baron de Montesquieu, which involves three branches: executive, legislative, and judicial. Some constitutions include additional branches, such as an auditory branch, and vary extensively in the degree of separation of powers between these branches. In presidential and semi-presidential systems, department secretaries are accountable to the president, who has patronage powers to appoint and dismiss ministers. In parliamentary systems, Cabinet Ministers are accountable to Parliament, but it is the prime minister who appoints and dismisses them. The concept of constitutional rights and duties includes the duty to pay taxes, the right to vote, freedom of expression, and the right to a fair trial. Constitutions also establish where sovereignty is located in the state, distinguishing between unitary, federal, and confederal structures. A unitary state has sovereignty residing in the state itself, while a federal state divides sovereignty between the center and constituent regions. A confederal state comprises several regions with a central structure that has only limited coordinating power. These design choices reflect the underlying principles of constitutionalism, aiming to prevent rulers from abusing power and to ensure that the government operates within the bounds of the law.
The Amendment Process
A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity, often interwoven into the relevant sections of an existing constitution or appended as supplemental additions. 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. These procedures may include the convocation of a special constituent assembly, requiring a supermajority of legislators' votes, approval in two terms of parliament, the consent of regional legislatures, a referendum process, and other mechanisms that make amending a constitution more difficult than passing a simple law. Some countries are listed under more than one method because alternative procedures may be used. 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. The U.S. Constitution 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, Germany, Turkey, Greece, Italy, Morocco, the Islamic Republic of Iran, Brazil, and Norway. These mechanisms ensure that the fundamental principles of a constitution are protected from transient political majorities.
The Rule of Law
Constitutions are often, but by no means always, protected by a legal body whose job it is to interpret those constitutions and, where applicable, declare void executive and legislative acts which infringe the constitution. In some countries, such as Germany, this function is carried out by a dedicated constitutional court which performs this and only this function. In other countries, such as Ireland, the ordinary courts may perform this function in addition to their other responsibilities. While elsewhere, like in the United Kingdom, the concept of declaring an act to be unconstitutional does not exist, as the country operates under the principle of parliamentary sovereignty. A constitutional violation is an action or legislative act that is judged by a constitutional court to be contrary to the constitution. An example of constitutional violation by the executive could be a public office holder who acts outside the powers granted to that office by a constitution. An example of constitutional violation by the legislature is an attempt to pass a law that would contradict the constitution, without first going through the proper constitutional amendment process. Some countries, mainly those with uncodified constitutions, have no such courts at all. The historical life expectancy of a written constitution since 1789 is approximately 19 years, yet the United States Constitution has remained in force for over two centuries. This longevity is an anomaly in a world where political desire for immediate outcomes often leads to rapid constitutional turnover. Some constitutions do not last more than 10 years, and around 10 percent fail to survive even a single year, as was the case with the French Constitution of 1791. The average lifespan of a written constitution since 1789 is approximately 19 years, yet the United States Constitution has remained in force for over two centuries with only minor revisions. This longevity is an anomaly in a world where political desire for immediate outcomes often leads to rapid constitutional turnover.