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Encyclopedia > Constitution

A constitution is a system for governance, often codified as a written document, that establishes the rules and principles of an autonomous political entity. In the case of countries, this term refers specifically to a national constitution defining the fundamental political principles, and establishing the structure, procedures, powers and duties, of a government. Most national constitutions also guarantee certain rights to the people. Historically, before the evolution of modern-style, codified national constitutions, the term constitution could be applied to any important law that governed the functioning of a government. Look up constitution, constitutional in Wiktionary, the free dictionary. ... In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject. ... For other uses, see Politics (disambiguation). ... Much of the recent sociological debate on power revolves around the issue of the constraining and/or enabling nature of power. ... Duty is a term loosely appliedDuty to any action (or course of action) whichDutyDuty is regarded as morally incumbent, apart from personal likes and dislikes or any external compulsion. ... This article is about the moral/legal concept. ... For other uses, see Law (disambiguation). ...


Constitutions concern different kinds of political organizations. They are found extensively in regional government, at supranational (e.g. European Union), Federal (e.g. United States Constitution), state or provincial (e.g. Constitution of Maryland), and sub-national levels. They are also found in many political groups, such as political parties, pressure groups, and trade unions. Politics is the process by which decisions are made within groups. ... Supranationalism is a method of decision-making in international organizations, where power is held by independent appointed officials or by representatives elected by the legislatures or people of the member states. ... This article is about federal states. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... For other uses, see State (disambiguation). ... Provincial has several meanings and may refer to: Provincial examinations: Bi-annual province-wide examinations for students between the grades of 10 to 12 in the province of British Columbia Anything related to a province, a formal geographical division; Anything related to the provinces, the parts of a country outside... The Great Seal of Maryland The current Constitution of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. ... Subnational entities redirects here. ... A political party is a political organization that seeks to attain political power within a government, usually by participating in electoral campaigns. ... An advocacy group, interest group or lobbying group is a group, however loosely or tightly organized, doing advocacy: those determined to encourage or prevent changes in public policy without trying to be elected. ... The Lawrence textile strike (1912), with soldiers surrounding peaceful demonstrators A trade union or labor union is an organization of workers who have banded together to achieve common goals in key areas such as wages, hours, and working conditions, forming a cartel of labour. ...


Non-political entities, whether incorporated or not, also have constitutions. These include corporations and voluntary associations. For other uses, see Corporation (disambiguation). ... A voluntary association (also sometimes called an unincorporated association, or just an association) is a group of individuals who voluntarily enter into an agreement to form a body (or organization) to accomplish a purpose. ...

Contents

Etymology

The term constitution comes from Latin, referring to issuing any important law, usually by the Roman emperor. Later, the term was widely used in canon law to indicate certain relevant decisions, mainly from the Pope. Latin was the language originally spoken in the region around Rome called Latium. ... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Canon law is the term used for... For other uses, see Pope (disambiguation). ...


General features

Generally, all constitutions confer specific powers to an organization on the condition that it abides by this constitution or charter limitation.


The Latin term ultra vires describes activities of officials within an organization or polity that fall outside the constitutional or statutory authority of those officials. 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 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 nation-states would be a provincial government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution, such as ratifying a treaty. Ultra vires gives a legal justification for the forced cessation of such action, which might be enforced by the people with the support of a decision of the judiciary, in a case of judicial review. A violation of rights by an official would be ultra vires because a (constitutional) right is a restriction on the powers of government, and therefore that official would be exercising powers he doesn't have. Ultra vires is a Latin phrase that literally means beyond the power. ... A students union, student government, student senate, students association, or guild of students is a student organization present in many colleges and universities. ... In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... Judicial review is the power of a court to review the actions of public sector bodies in terms of their legality or constitutionality. ...


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 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 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 the application may be ruled unconstitutional. Historically, the remedy for such violations have been petitions for common law writs, such as quo warranto. The Latin term ab initio means from the beginning and is used in several contexts: when describing literature: told from the beginning as opposed to in medias res (meaning starting in the middle of the story) as a legal term: refers to something being the case from the start or... In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. ... Quo warranto (Medieval Latin for by what warrant?) is one of the prerogative writs, the one that requires the person to whom it is directed to show what authority he has for exercising some right or power (or franchise) he claims to hold. ...


History and development

Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice, issued by the Sumerian king Urukagina of Lagash ca 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. Ernest Choquin de Sarzec (1832-1901) was a French archaeologist, to whom is attributed the discovery of the civilization of ancient Sumeria. ... Sumer ( Sumerian: KI-EN-GIR, Land of the Lords of Brightness[1], or land of the Sumerian tongue[2][3], Akkadian: Šumeru; possibly Biblical Shinar ), located in southern Mesopotamia, is the earliest known civilization in the world. ... This article or section does not cite its references or sources. ... At the time of Hammurabi, Lagash was much closer to the gulf. ... Of Usury, from Brants Stultifera Navis (the Ship of Fools); woodcut attributed to Albrecht Dürer Usury (//,comes from the Medieval Latin usuria, interest or excessive interest, from the Latin usura interest) originally meant the charging of interest on loans. ...

Detail from Hammurabi's stele shows him receiving the laws of Babylon from the seated sun deity.
Detail from Hammurabi's stele shows him receiving the laws of Babylon from the seated sun deity.

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 (ca 2050 BC). Some of the better-known ancient law codes include the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code, Mosaic law, and the Cyrus cylinder by Cyrus the Great of Persia. Image File history File linksMetadata Hammurabi. ... Image File history File linksMetadata Hammurabi. ... For the computer game, see Hamurabi. ... This article is about the stone structure. ... The Code of Ur-Nammu is the oldest known tablet containing a law code surviving today. ... For other uses, see Ur (disambiguation). ... Lipit-Ishtar, belonging to a family of shepherds and farmers from Nippur, currently in Iraq, became ruler of Isin, and ruled from around 1868 BC to 1857 BC. He made several legal pronouncements, amongst the earliest ones in the recorded human history, and preceded only by the Code of Hammurabi... An International Securities Identifying Number (ISIN) uniquely identifies a security. ... An inscription of the Code of Hammurabi. ... Babylonia was a state in southern Mesopotamia, in modern Iraq, combining the territories of Sumer and Akkad. ... The Hittite laws have been preserved on a number of Hittite cuneiform tablets found at Hattusa (CTH 291-292, listing 200 laws). ... Assyrian law was very similar to Sumerian and Babylonian law,[1] however, notably more brutal than its predecessors. ... Torah, (תורה) is a Hebrew word meaning teaching, instruction, or especially law. It primarily refers to the first section of the Tanakh–the first five books of the Hebrew Bible, or the Five Books of Moses, but can also be used in the general sense to also include both the Written... The Cyrus Cylinder. ... “Cyrus” redirects here. ... Persia redirects here. ...


In 621 BC, a scribe named Draco wrote the laws of the city-state of Athens; and being quite cruel, this code prescribed the death penalty for any offence. In 594 BC, Solon, the ruler of Athens, created the new Solonian Constitution. It eased the burden of the workers, however it made the ruling class to be determined by wealth, rather than by birth. Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in 508 BC. Draco (IPA pronunciation: ; from Greek , IPA ) was the first legislator of ancient Athens, Greece, 7th century BC. // Very little is known of his life. ... A city-state is a region controlled exclusively by a city. ... This article is about the capital of Greece. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... For other uses, see Solon (disambiguation). ... The Solonian Constitution was the earliest Athenian constitution, created by Solon in the early 6th century BC. Solon wanted to revise or abolish the older laws of Draco, which had not solved any of the problems in Athens despite inflicting harsh penalties for almost every crime. ... Cleisthenes (also Clisthenes or Kleisthenes) was a noble Athenian who reformed the constitution of ancient Athens and set it on a democratic footing in 508 BC. He was a relative of Cleisthenes of Sicyon, through the latters daughter Agarista and her husband Megacles. ...


Aristotle (ca 350 BC) was one of the first in recorded history 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 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 exclusive opportunity to participate in the state, and non-citizens and slaves who did not. For other uses, see Aristotle (disambiguation). ... Constitutionalism is the limitation of government by law. ... ... Aristotles Politics (Greek Πολιτικά) is a work of political philosophy. ... Nicomachean Ethics Nicomachean Ethics (sometimes spelled Nichomachean), or Ta Ethika, is a work by Aristotle on virtue and moral character which plays a prominent role in defining Aristotelian ethics. ... In Ancient Greece and/or Greek mythology, the name Lycurgus/Lykurgus can refer to: An alternate name for Lycomedes. ... For other uses, see Carthage (disambiguation). ...


The Romans first codified their constitution in 449 BC as the Twelve Tables. They operated under a series of laws that were added from time to time, but Roman law was never reorganised into a single code until the Codex Theodosianus (AD 438); later, in the Eastern Empire the Codex repetitæ prælectionis (A.D. 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). Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law The Law of the Twelve Tables (Lex Duodecim Tabularum, more informally simply Duodecim Tabulae) was the ancient legislation that stood at the foundation of Roman law. ... Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... The Codex Theodosianus (Book of Theodosius) was a compilation of the laws of the Roman Empire under the Christian emperors since 312. ... Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy The Corpus Juris Civilis (Body of Civil Law) is the modern name[1] for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. ... Leo the Isaurian and his son Constantine V. Leo III the Isaurian or the Syrian (Greek: Λέων Γ΄, Leōn III ), (c. ... Basil, his son Constantine, and his second wife, emperess Eudoxia Ingerina. ...


The Edicts of Ashoka established constitutional principles for that 3rd century BCE Maurya king's rule in Ancient India. The Edicts of Ashoka are a collection of 33 inscriptions on the Pillars of Ashoka, as well as boulders and cave walls, made by the Emperor Ashoka of the Mauryan dynasty during his reign from 272 to 231 BCE. These inscriptions are dispersed throughout the areas of modern-day Pakistan... The 3rd century BC started the first day of 300 BC and ended the last day of 201 BC. It is considered part of the Classical era, epoch, or historical period. ... A representation of the Lion Capital of Ashoka, which was erected around 250 BCE. It is the emblem of India. ... Ancient India may refer to: The Ancient India, which generally includes the ancient history of the whole Indian subcontinent (South Asia) Indus Valley Civilization — during the Bronze Age Vedic period — the period of Vedic Sanskrit, spanning the late Bronze Age and the earlier Iron Age Mahajanapadas — during the later Iron...


Many of the Germanic peoples that 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). 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 (ca 785). Justinians wife Theodora and her retinue, in a 6th century mosaic from the Basilica of San Vitale in Ravenna. ... The Early Germanic laws, Latin leges barbarorum (laws of the barbarians), refers to Latin law codes of the Germanic peoples written in the Early Middle Ages, between the 5th and 9th centuries AD. They are influenced by Roman law, ecclesiastical law, and earlier tribal customs. ... Euric, also known as Evaric, Erwig, or Eurico in Spanish, (c. ... The Lex Burgundionum (Burgundian Laws, also lex gundobada or loi gombette) refers to the law code of the Burgundians, the issued by king Gundobad. ... The terms Lex Alamannorum and Pactus Alamannorum refer to two early medieval law codes of the Alamanni. ... // The Salic law (Lat. ... This article is about the Frankish people and society. ... The Breviary of Alaric (Breviarium Alaricianum) is a collection of Roman law, compiled by order of Alaric II, king of the Visigoths, with the advice of his bishops and nobles, in the year 506, the twenty-second year of his reign. ... Alaric II, also known as Alarik, Alarich, and Alarico in Spanish or Alaricus in Latin (d. ... The Edictum Rothari (also Edictus Rothari or Edictum Rotharis) was the first written compilation of Lombard law, codified and promulgated 22 November 643 by King Rothari. ... The Lombards (Latin Langobardi, whence comes the alternative name Longobards found in older English texts), were a Germanic people originally from Northern Europe that entered the late Roman Empire. ... The Visigothic Code (Latin, Forum Iudicum or Liber Judiciorum; Spanish, Fuero Juzgo) are a set of laws that the Visigoth king of Hispania, Reccesuinth (for which it is sometimes called the Code of Reccesuinth), codified in a legal body around AD 654. ... Lex Frisionum, the Law Code of the Frisians was recorded in Latin during the reign of Charlemagne, after the year 785, when the Frankish conquest of Frisia was completed by the final defeat of the rebel leader Widukind. ...


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 institutions of government per se and remains a notable early attempt at a government constitution. Another is the Constitution of Medina, drafted by the prophet of Islam, Muhammad, in 622. It is said to be one of the earliest constitutions which guarantees basic rights to religions and adherents as well as reinforcing a judiciary process regarding the rules of warfare, tax and civil disputes. The Seventeen-article constitution (十七条憲法 JÅ«shichijō kenpō) is a document originating in 604 and said to be authored by Prince Shōtoku. ... Sculpture of Prince Shotoku in Asuka Dera, Asuka, Nara Prince Shōtoku (聖徳太子 574-622) was a regent and a politician of the Imperial Court in Japan. ... Buddhism is a variety of teachings, sometimes described as a religion[1] or way of life that attempts to identify the causes of human suffering and offer various ways that are claimed to end, or ease suffering. ... The Constitution of Medina is the earliest known written constitution. ... For people named Islam, see Islam (name). ... Muhammad in a new genre of Islamic calligraphy started in the 17th century by Hafiz Osman. ...


The Gayanashagowa, or 'oral' constitution of the Iroquois nation, has been estimated to date from between 1090 and 1150, and is also thought by some to have provided a partial inspiration for the US Constitution. Gayanashagowa or the Great Unity Law of the Haudenosaunee Iroquois Six Nations is the oldest known oral constitution, having existed since 1000 BC. External link Gayanashagowa Categories: Iroquois ... For other uses, see Iroquois (disambiguation). ...


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: For other uses, see England (disambiguation). ... Henry I (c. ... The Charter of Liberties, also called the Coronation Charter, was a written proclamation by Henry I of England, issued upon his ascension to the throne in 1100. ... This article is about the King of England. ... This article is about the English charter issued in 1215. ... For other uses, see Habeas corpus (disambiguation). ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty...


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.

Constitution of May 3, 1791 (painting by Jan Matejko, 1891). Polish King Stanisław August (left, in 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.
Constitution of May 3, 1791 (painting by Jan Matejko, 1891). Polish King Stanisław August (left, in 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.

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 further reforms shifting the balance of power from the monarchy and nobility to the House of Commons. Source: from Polish wiki: http://pl. ... Source: from Polish wiki: http://pl. ... May 3rd Constitution (painting by Jan Matejko, 1891). ... Jan Matejko , self-portrait. ... // StanisÅ‚aw II August Poniatowski (born Count StanisÅ‚aw Antoni Poniatowski; January 17, 1732-February 12, 1798) was the last King and Grand Duke of the Polish-Lithuanian Commonwealth (1764-95). ... The ermine (Mustela erminea) is a dark brown weasel, with a distinctive black-tipped tail. ... St. ... The Sejm building in Warsaw. ... Chamber of Deputies is the name given to a legislative body, which may either be the lower house of a bicameral legislature, or the name of a unicameral one. ... Royal Castle in Warsaw Royal Castle after the Warsaw Uprising Royal Castle in Warsaw (Polish Zamek Królewski), is the royal palace and official residence of the Polish monarchs, in Warsaw. ... John Lockes writings on the Social Contract were particularly influential among the American Founding Fathers. ... Forms of government Part of the Politics series Politics Portal This box:      A constitutional monarchy or limited monarchy is a form of government established under a constitutional system which acknowledges an elected or hereditary monarch as head of state, as opposed to an absolute monarchy, where the monarch is not... Type Lower House Speaker Michael Martin, (Non-affiliated) since October 23, 2000 Leader Harriet Harman, (Labour) since June 28, 2007 Shadow Leader Theresa May, (Conservative) since May 5, 2005 Members 659 Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist Party Sinn Féin...


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. Location Time zone CET/CEST (UTC+1/+2) Administration Country NUTS Region DED Capital Dresden Minister-President Georg Milbradt (CDU) Governing parties CDU / SPD Votes in Bundesrat 4 (from 69) Basic statistics Area  18,416 km² (7,110 sq mi) Population 4,252,000 (11/2006)[1]  - Density 231 /km... Eike von Repgow from the Oldenburg Sachsenspiegel Eike von Repgow(* c. ... // Introduction The Sachsenspiegel (alt: Sassenspegel) is the most important law book and legal code of the German medieval age. ...


In 1236, Sundiata Keita presented an oral constitution federating the Mali Empire, called the Kouroukan Fouga. Sundiata Keita or Sundjata Keyita or Mari Djata I (c. ... Extent of the Mali Empire (ca. ... Please wikify (format) this article or section as suggested in the Guide to layout and the Manual of Style. ...


Meanwhile, 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. Religions Coptic Orthodox Christianity, Coptic Catholicism, Protestantism Scriptures Bible Languages Mari, Coptic, Arabic, English, French, German A Copt (Coptic: , literally: Egyptian Christian) is a native Egyptian Christian. ... The Fetha Negest (Laws of the Kings) is a legal code compiled by Coptic Christian ecclesiastics for the use of Ethiopian kings. ... Arabic redirects here. ... Note: This article contains special characters. ... Zara Yaqob (throne name Kuestantinos I or Constantine I) (1399 - 1468) was negus (1434 - 1468) of Ethiopia, and a member of the Solomonid dynasty. ... Sarsa Dengel (Amharic Sprout of the Virgin) (1550 - 1597) was negus (throne name Malak Sagad I) (1563 - 1597) of Ethiopia, and a member of the Solomonid dynasty. ... Haile Selassie Haile Selassie (Power of Trinity) (July 23, 1892 – August 27, 1975) was the last Emperor (1930–1936; 1941–1974) of Ethiopia, and is a religious symbol in the Rastafarian movement. ...


Stefan Dušan, Emperor of Serbs and Greeks, made and enforced Dušan's Code in Serbia, in two state congresses: in 1349 in Skopje and in 1354 in Serres. DuÅ¡an Silni Tsar Stefan UroÅ¡ IV DuÅ¡an Silni (the mighty) (Serbian: Цар Стефан Душан Силни) (circa 1308 – December 20, 1355) was a Serb king (September 8, 1331 – 1346) and tsar (1346 – December 5, 1355). ... DuÅ¡ans Code is a legal code, one of two the most significant cultural-historical monuments of medieval Serbia, accompanying St. ... Anthem:  Serbia() on the European continent()  —  [] Capital (and largest city) Belgrade Official languages Serbian Recognised regional languages Hungarian, Slovak, Romanian, Croatian, Rusyn 1 Albanian 2 Demonym Serbian Government Parliamentary Democracy  -  President Boris Tadić  -  Prime Minister Vojislav KoÅ¡tunica    -  First state 7th century   -  Serbian Kingdom3 1217   -  Serbian Empire 1345   -  Independence lost... Location of the city of Skopje (green) in Macedonia Country Macedonia Municipality Government  - Mayor Trifun Kostovski Area  - Total 1,854 km² (715. ... For other uses, see Serres (disambiguation). ...


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 in a very real sense as a constitution for the Ming Dynasty for the next 250 years. izzy lewis loves the weewee in her pooter. ... For other uses, see Ming. ...


The earliest written constitution still governing a sovereign nation today 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, itself influenced by the Codex Justinianus, and it remains in force today. The Constitution of San Marino is distributed over a number of legislative instruments of which the most significant are the Statutes of 1600 and the Declaration of Citizen Rights of 1974 as amended in 2002. ...


In 1639, the Colony of Connecticut adopted the Fundamental Orders, which is considered 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.-1... The Fundamental Orders were adopted by the Connecticut Colony council on January 14, 1638. ... North American redirects here. ... Official language(s) none (de facto English) Capital Hartford Largest city Bridgeport[2] Largest metro area Hartford Metro Area[3] Area  Ranked 48th in the US  - Total 5,543[4] sq mi (14,356 km²)  - Width 70 miles (113 km)  - Length 110 miles (177 km)  - % water 12. ... Official language(s) English Capital Hartford Largest city Bridgeport[3] Largest metro area Hartford Metro Area[2] Area  Ranked 48th  - Total 5,543[4] sq mi (14,356 km²)  - Width 70 miles (113 km)  - Length 110 miles (177 km)  - % water 12. ...


The Corsican Constitution of 1755 and the Swedish Constitution of 1772 were the first post-Enlightenment constitutions in Europe. 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.[citation needed] The United States Constitution, ratified 1789, was influenced by the British constitutional system and the political system of the United Provinces, plus the writings of Polybius, Locke, Montesquieu, and others. The document became a benchmark for republican and codified constitutions written thereafter. Next were the Polish-Lithuanian Commonwealth Constitution of May 3, 1791 and the French Constitution of September 3, 1791. Corsican Constitution was a Corsican constitution created in 1755. ... Swedens Constitution of 1772 took effect through a bloodless coup détat carried out by King Gustavus III, establishing a brief absolute monarchy in Sweden. ... This article is about the U.S. state. ... The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document, or constitution, of the United States of America. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... The United Provinces (Republiek der Zeven Verenigde Nederlanden/Provinciën, Republic of the Seven United Netherlands/Provinces — 1581–1795) was a European republic which is now known as the Netherlands. ... Polybius (c. ... For other persons named John Locke, see John Locke (disambiguation). ... Montesquieu redirects here. ... Republicanism is the ideology of governing a nation as a republic, with an emphasis on liberty, rule of law, popular sovereignty and the civic virtue practiced by citizens. ... Wikipedia does not have an article with this exact name. ... May 3rd Constitution (painting by Jan Matejko, 1891). ...


Principles of constitutional design

Government in some form goes back to when people were hunter-gatherers and lived in villages, and a common design consisting of a "council of elders," a "chief" who led hunting or war-making activities, and one or more "priests" who provided a religious guidance or sanction to various activities.[1] As people began to establish nations or empires and lived in cities, this design evolved into monarchical or feudal patterns, with conquerors or strongmen claiming to rule by "divine right." Such rule led some thinkers to take the position that what mattered was not the design of governmental institutions and operations, but the character of the rulers. This view can be seen in Plato, who called for rule by "philosopher-kings."[2] Later writers, such as Aristotle, Cicero and Plutarch, would examine designs for government from a legal and historical standpoint. The Divine Right of Kings is a European political and religious doctrine of political absolutism. ... For other uses, see Plato (disambiguation). ... For other uses, see Aristotle (disambiguation). ... For other uses, see Cicero (disambiguation). ... Mestrius Plutarchus (Greek: Πλούταρχος; 46 - 127), better known in English as Plutarch, was a Greek historian, biographer, essayist, and Middle Platonist. ...


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[3] and its application to the relations among nations, and they sought to establish customary "laws of war and peace"[4] 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 abusing such authority.[5] This article is about the European Renaissance of the 14th-17th centuries. ... International law deals with the relationships between states, or between persons or entities in different states. ...


A seminal juncture in this line of discourse arose in England from 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. For other uses, see English Civil War (disambiguation). ... Oliver Cromwell (25 April 1599 – 3 September 1658) was an English military and political leader best known for his involvement in making England into a republican Commonwealth and for his later role as Lord Protector of England, Scotland and Ireland. ... Motto: PAX QUÆRITUR BELLO (English: Peace is sought through war) Anthem: Multiple unofficial anthems Capital London Language(s) English Government Republic Lord Protector  - 1649-1658 Oliver Cromwell Legislature Rump Parliament Barebones Parliament History  - Declaration of Commonwealth May 19, 1649  - Declaration of Breda April 4, 1660 Area 130,395... Hobbes redirects here. ... Samuel Rutherford Samuel Rutherford (1600? – 1661) was a Scottish Presbyterian theologian and author. ... The Levellers were a mid 17th century English political movement, who came to prominence during the English Civil Wars. ... For other persons named John Milton, see John Milton (disambiguation). ... Portrait of James Harrington, oil on canvas, c. ... Sir Robert Filmer (1588 - May 26, 1653), English political writer, was the son of Sir Edward Filmer of East Sutton in Kent. ... Henry Neville (1620–1694) was an English author and satirist, best remembered for his tale of shipwreck and dystopia, The Isle of Pines published in 1668. ... James Tyrrell (1642–1718) was an English author and political philosopher. ... Algernon Sydney (or Sidney) (~1622-1683) was an English politician, an opponent of King Charles II of England. ... For other persons named John Locke, see John Locke (disambiguation). ...


Along the way several writers examined how the design of 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. Montesquieu can refer to: Charles de Secondat, Baron de Montesquieu Several communes of France: Montesquieu, in the Hérault département Montesquieu, in the Lot-et-Garonne département Montesquieu, in the Tarn-et-Garonne département This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the...


The later writings of Orestes Brownson[6] 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 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. Orestes Augustus Brownson (1803-1876) was a New England intellectual and activist, preacher and labor organizer. ... Metro Toronto Convention Centre, late 2004. ... A public notice or notice of intent is information directed to citizens of a governmental entity regarding government-related activities. ... Parliamentary procedure is the name given to the set of rules governing the decision-making process used by a deliberative assembly. ... For other uses, see State (disambiguation). ...


Other writers[7] 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 that will be most likely to optimize a balance of the utilities of justice, liberty, and security. An example is the metagame Nomic.[8] Metagame, literally a game outside the game, is a prediction of how others will make decisions in a game based on their personality or their previous decisions. ... Nomic is a game in which the rules of the game include mechanisms for the players to change those rules, usually through a system of democratic voting. ...


Governmental constitutions

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/bureaucracy. 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 other laws and rules are hierarchically derived; in some territories it is in fact called "Basic Law." The Roman civil service in action. ... This is a list of articles about the fundamental constitutional laws, known as Basic Laws, of various jurisdictions. ...


Key features

The following are features of democratic constitutions that have been identified by political scientists to exist, in one form or another, in virtually all national constitutions.


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.


Codified constitution

Most states in the world have a codified constitution. Only three — Israel, New Zealand and the United Kingdom — have uncodified constitutions as of October 2006. The most obvious advantages of codified constitutions are that they tend to be more coherent and more easily understood, as well as simpler to read (being single documents). However, although codified constitutions are relatively rigid, they still yield a potentially wide range of interpretations by constitutional courts (see below). 2006 is a common year starting on Sunday of the Gregorian calendar. ... A Constitutional Court is a high court found in many countries which deals primary with constitutional law. ... For other uses, see Constitution (disambiguation). ...


Codified constitutions are usually the product of dramatic political change, such as a revolution[citation needed]. For example, the United States Constitution was written and subsequently ratified less than 25 years after the American Revolution. The process by which a country adopts a constitution is closely tied to the historical and political context driving this fundamental change. This becomes evident when one compares the elaborate convention method adopted in the United States with the MacArthur inspired post war constitution foisted on Japan (see Constitution of Japan). Arguably the legitimacy (and often the longevity) of codified constitutions are tied to the process by which they are initially adopted. For other uses, see Revolution (disambiguation). ... John Trumbulls Declaration of Independence, showing the five-man committee in charge of drafting the Declaration in 1776 as it presents its work to the Second Continental Congress in Philadelphia The American Revolution refers to the period during the last half of the 18th century in which the Thirteen... This article is about the American general; for the municipality in the Philippines, see General MacArthur, Eastern Samar. ... The Constitution of Japan ) has been the founding legal document of Japan since 1946. ...


States that have codified constitutions normally give the constitution supremacy over ordinary statute law. That is, if there is a 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, an extraordinary procedure is often required to make a constitutional amendment. These procedures may involve: obtaining ⅔ majorities in the national legislature, the consent of regional legislatures, a referendum process or some other procedure that makes obtaining a constitutional amendment more difficult than passing a simple law. The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... Constitutionality is the status of a law, a procedure, or an acts accordance with the laws or guidelines set forth in the applicable constitution. ... Amend redirects here. ... Elections Part of the Politics series Politics Portal This box:      A referendum (plural referendums or referenda), ballot question, or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ...


The Constitution of Australia is an example of a constitution in which constitutional law mainly derives from a single written document, but other written documents are also considered part of the constitution. The Constitution of India is the longest codified constitution in the world.[9] It is unique in that it incorporates codes from many other constitutions like those of Japan, Malaysia, and Anglosphere countries.[10] Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... The Constitution of India lays down the framework on which Indian polity is run. ... Definitions of the Anglosphere vary: Countries in which English is the first language of a large fraction of the population are shown in blue. ...


Uncodified constitution

Uncodified constitutions are the product of an "evolution" of laws and conventions over centuries. By contrast to codified constitutions, in the Westminster tradition that originated in England, uncodified constitutions include written sources: e.g. constitutional statutes enacted by the Parliament (House of Commons Disqualification Act 1975, Northern Ireland Act 1998, Scotland Act 1998, Government of Wales Act 1998, European Communities Act 1972 and Human Rights Act 1998); and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, custom and tradition, such as always holding the General Election on Thursdays; together these constitute the British constitutional law. In the days of the British Empire, the Judicial Committee of the Privy Council acted as the constitutional court for many of the British colonies such as Canada and Australia which had federal constitutions. Download high resolution version (301x604, 47 KB)Magna Carta. ... Download high resolution version (301x604, 47 KB)Magna Carta. ... This article is about the English charter issued in 1215. ... The Houses of Parliament, also known as the Palace of Westminster, in London. ... The House of Commons Disqualification Act 1975 was an Act of the British Parliament which prohibited certain groups of people from becoming members of the House of Commons. ... The Northern Ireland Act 2006 (2006 c. ... The Scotland Act 1998 is an Act of the Parliament of the United Kingdom at Westminster. ... The Government of Wales Act, 1998 (1998 c. ... European Communities Act 1972 can refer to: An act passed in the United Kingdom: see European Communities Act 1972 (UK) An act passed in the Republic of Ireland: see European Communities Act 1972 (Ireland) This is a disambiguation page — a navigational aid which lists other pages that might otherwise share... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ... A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ... This article is about the legal term. ... The Royal Prerogative is a body of customary authority, privilege, and immunity, recognised in common law jurisdictions possessing a monarchy as belonging to the Crown alone. ... This article or section does not adequately cite its references or sources. ... It has been suggested that this article or section be merged into Constitution of the United Kingdom. ... For a comprehensive list of the territories that formed the British Empire, see Evolution of the British Empire. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ...


In states using uncodified constitutions, the difference between constitutional law and statutory law (i.e. law applying to any area of governance) in legal terms is nil. Both can be altered or repealed by a simple majority in Parliament. In practice, democratic governments do not use this opportunity to abolish all civil rights, which in theory they could do, but the distinction between regular and constitutional law is still somewhat arbitrary, usually depending on the traditional devotion of popular opinion to historical principles embodied in important past legislation. For example, several Acts of Parliament such as the Bill of Rights, Human Rights Act and, prior to the creation of Parliament, Magna Carta are regarded as granting fundamental rights and principles which are treated as almost constitutional. The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ... The Bill of Rights 1689 is an English Act of Parliament with the long title An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown and known colloquially in the UK as the Bill of Rights. ...


See also: Fundamental Laws of England Blackstones history In the 1760s William Blackstone described the Fundamental Laws of England in Commentaries on the Laws of England, Book the First - Chapter the First : Of the Absolute Rights of Individuals [1] as the absolute rights of every Englishman and traced their basis and evolution as follows: Magna...


Written versus codified

The term written constitution is used to describe a constitution that is entirely written, which by definition includes every codified constitution. However, some constitutions are entirely written but, strictly speaking, not entirely 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. The Constitution of Canada, which evolved from the British North America Acts until severed from nominal British control by the Canada Act 1982 (analogous to the Australia Act 1986), is a similar example. ... The Statute of Westminster Adoption Act 1942 was an Act of the Parliament of Australia which formally accepted the Statute of Westminster 1931, an Act of the British Imperial Parliament which established the legislative independence of the various self-governing Dominions of the British Empire, allowing their parliaments and governments... Australia Act 1986 (United Kingdom) document, located in Parliament House, Canberra The Australia Act 1986 is an act of the Parliament of Australia (No. ... The Constitution of Canada is the supreme law in Canada; the countrys constitution is an amalgam of codified acts and uncodified traditions and conventions. ... The British North America Acts 1867–1975 are a series of Acts of the Parliament of the United Kingdom dealing with the government of Canada, which was known as British North America until 1867. ... Wikisource has original text related to this article: Canada Act 1982 The Canada Act 1982 (1982 c. ...


The term written constitution is often used interchangeably with codified constitution, and similarly unwritten constitution is used interchangeably with uncodified constitution. As shown above, this usage with respect to written and codified constitutions can be inaccurate. Strictly speaking, unwritten constitution is never an accurate synonym for uncodified constitution, because all modern democratic constitutions consist of some written sources, even if they have no different technical status than ordinary statutes. Another term used is formal (written) constitution, for example in the following context: "The United Kingdom has no formal constitution." This usage is correct, but it should be construed to mean that the United Kingdom does not have a written constitution, not that the UK has no constitution of any kind, which would not be correct.


A constitution can be written but not codified. Codified would suggest written in one document. This means that a constitution that has a number of written sources is still written, but not codified.


Entrenchment

The presence or lack of entrenchment is a fundamental feature of constitutions. Entrenchment refers to whether the constitution is legally protected from modification without a procedure of constitutional amendment. Entrenchment is an inherent feature in most written constitutions. The US constitution is an example of an entrenched constitution, and the UK constitution is an example of a constitution that is not entrenched.


The procedure for modifying a constitution is often called amending. Amending an entrenched constitution requires more than the approval of the national legislature, it requires wider acceptance. Sometimes, the reason for this is that the constitution is considered supreme law, such as according to the supremacy clause in the US constitution. Regardless of whether a constitution has this technical status, all states with an entrenched constitution recognise the difference between constitutional law and ordinary statutory law[citation needed]. Procedures for ratification of constitutional amendments vary between states. I