Constitution

:For the entry on the naval ship U.S.S. Constitution, see: USS Constitution.

History and development

Aristotle was the first figure in recorded history to formally make the distinction between law and constitutional law. He was the first to establish the ideas of constitution, the idea of constitutionalism and attempt to classify different forms of constitution/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 work Constitution of Athens, Politics, Nicomachean Ethics explored different forms of constitutions. He classified both what he regarded as good and 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, which had the exclusive opportunity to participate in the state, and non-citizens and slaves which did not.

Related Topics:
Aristotle - Constitution of Athens - Politics - Nicomachean Ethics

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Early examples of written constitutions include Solon's constitution of Athens (594 BC) and Cleisthenes' constitution, which reformed the constitution of ancient Athens and set it on a democratic footing in 508 BC.

Related Topics:
Solon - Constitution of Athens - Cleisthenes - 508

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Japan's Seventeen-article constitution written in 604, reportedly by Prince Sh?toku, is an early example of a constitution in Asian political history. Influenced by Buddist teachings, the document focuses more on social morality than institutions of government per se and remains a notable early attempt at a government constitution.

Related Topics:
Japan - Seventeen-article constitution - 604 - Prince Sh?toku - Buddist

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In England, King 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 John I to sign the 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:

Related Topics:
England - King Henry I - Charter of Liberties - 1100 - John I - Magna Carta - 1215 - Habeas corpus - Due process

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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.

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This provision became the cornerstone of English liberty 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 futher reforms shifting the balance of power from the monarchy and nobility to the House of Commons.

Related Topics:
Social contract - Constitutional Monarchy - House of Commons

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The oldest written constitution of an existing nation may be that of San Marino. 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, judicial procedures and remedies. Written in 1600, the document was based upon the Statuti Comunali (Town Statute) of 1300, influenced by the Corpus Juris Civilis and still remains the basic law in effect today.

Related Topics:
San Marino - Latin - Law - 1600 - 1300 - Corpus Juris Civilis

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The Commonwealth of Massachusetts adopted its constitution in 1780, before the ratification of the Articles of Confederation and the United States Constitution. It is probably the oldest still-functioning nominal constitution, that is, where the document specifically declares itself to be a constitution. All US states have constitutions and are considered to be sovereign republics that have delegated some important powers to a larger federal republic.

Related Topics:
Commonwealth of Massachusetts - 1780 - Articles of Confederation - US states

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The United States Constitution, ratified 1789, was influenced by the British constitutional system, plus the writings of Polybius, Locke, Montesquieu, and others. The document became a benchmark for republican and codified constitutions written thereafter.

Related Topics:
United States Constitution - 1789 - Polybius - Locke - Montesquieu - Republican

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Poland´s Sejm adopted the Polish Constitution of May 3, 1791. It was the first modern constitution in Europe.

Related Topics:
Poland - Sejm - Polish Constitution of May 3, 1791

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