A constitution is a system, often codified in a written document, which establishes the rules and principles by which an organization is governed. In the case of countries this term refers specifically to a national constitution, which defines the fundamental political principles and establishes the power and duties of each government. Most national constitutions also guarantee certain rights to the people. Historically, before the evolution of modern codified national constitutions, the term constitution could be applied to any important law. In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject. ... Politics is a process by which decisions are made within groups. ... Sociologists usually define power as the ability to impose ones will on others, even if those others resist in some way. ... Duty is a term loosely applied to any action (or course of action) which is regarded as morally incumbent, apart from personal likes and dislikes or any external compulsion. ... A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ... Law (from the late Old English lagu of probable North Germanic origin) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, forbid or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide...

Constitutions are found in many organizations. They are found extensively in government, at supranational (e.g. United Nations Charter), national (e.g. Constitution of Poland), and sub-national or provincial (e.g. Constitution of Maryland) levels. They are found in many political groups, such as political parties and pressure groups, including trade unions (labour unions). There are many non-political groups and entities that may have constitutions of a sort such as companies and voluntary organisations. 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. ... United Nations Charter Opened for signature June 26, 1945 at San Francisco Entered into force October 24, 1945 Conditions for entry into force Ratification by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of... National can refer to: Look up national in Wiktionary, the free dictionary. ... The Constitution of the Republic of Poland of 2 April 1997 was Polands first post-communist constitution. ... Administrative division is a generic term for an administrative region within a country — on an arbitrary level below that of the sovereign state — typically with a local government encompassing multiple municipalities, counties, or provinces with a certain degree of autonomy. ... Provincial is the title given in the Society of Jesus (the Jesuit Catholic Church order) to the principal of a province (a geographical area, such as a country). ... 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. ... A political party is an 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 examples and perspective in this article or section may not represent a worldwide view. ... A company is, in general, any group of persons, which are known as its members, united to pursue a common interest. ... A voluntary association (also sometimes called just an association) is a group of individuals who voluntarily enter into an agreement to form a body (or organization) to accomplish a purpose. ...

Etymology

The term constitution comes from the 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 is an ancient Indo-European language originally spoken in the region around Rome called Latium. ... Canon law is the term used for the internal ecclesiastical law which governs various churches, most notably the Roman Catholic Church, the Eastern Orthodox Churches and the Anglican Communion of churches. ... The Pope (from Greek: pappas, father; from Latin: papa, Papa, father) is the head of the Roman Catholic Church. ...

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 that fall outside an organisation's or legislative body's legal or constitutional authority. 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. 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. For example, in the United States, any attempt by a state legislature to ratify a treaty with a foreign nation would be considered ultra vires of Congress' constitutional authority, being contrary to the constitution. In both cases, "ultra vires" gives a legal justification for the forced cessation of such action, which would be enforced by the judiciary in government. Ultra vires is a Latin phrase that literally means beyond the power. ... A legislature is a governmental deliberative body with the power to adopt laws. ... The largest Students Union building at Oklahoma State University, which doubles as a student activity center (student union in the USA) A students union, student government, or student council is a student organization present at many colleges and universities, often with its own building on the campus, dedicated to social... In law, the judiciary or judicature is the system of courts which administer justice and provide a mechanism for the resolution of disputes. ...

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 an area from which all the other laws and rules are hierarchically derived; in some areas it is in fact called "Basic Law". A civil servant or public servant is a civilian career public sector employee working for a government department or agency. ... 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 which 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. The classic example of this is the Constitution of the United States. An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten. 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 the United Kingdom is an example of an uncodified constitution which consists of both written and unwritten sources and has no single written fundamental document. Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... The Constitution of Australia consists of a number of documents under which the government of Australia operates. ... The Constitution of the United Kingdom is an area of uncodified law, consisting of both written and unwritten sources. ...

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 means that Australia's constitution is not contained in a single constitutional document. The Constitution of Australia consists of a number of documents under which the government of Australia operates. ... ... 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... The Australia Act of 1986 (No. ...

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.

Codified constitution

Most states in the world have a codified constitution. Codified constitutions, unlike uncodified constitutions are not the product of an "evolution" of laws and conventions over centuries, they are usually the product of dramatic political change, such as a revolution. For example, the US 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. When one compares the elaborate convention method adopted in the United States with the Macarthur inspired post war constitution foisted on Japan, this becomes evident. Arguably the legitimacy (and often the longevity) of codified constitutions are tied to the process by which they are initially adopted. It has been suggested that Revolutionary be merged into this article or section. ... The American Revolution was an upheaval that ended British control of middle North America, resulting ultimately in the formation of the United States of America. ...

The most obvious advantage of a codified constitution is the coherent and easily understood body of rules. A codified constitution at the least is simple to read, being a single document. The US constitution, for example, is only about 7,000 words long, and can be bought in most bookshops in the United States, whereas an uncodified constitution such as that of the UK is often ambiguous and difficult to interpret.

Although (entrenched) codified constitutions are relatively rigid, codified constitutions still yield a potentially wide range of interpretations by constitutional courts. For example, the US Supreme Court declared racial segregation to be constitutional in Plessy v. Ferguson (1896), declaring an interpretation of "separate but equal". However, in the 1954 Brown v. Board of Education case, the Supreme Court declared that "separate educational facilities are inherently unequal", starting a period of federal government action that removed all de-jure racial segregation and discrimination. Sometimes, the nature of the wide range of interpretations that seem possible from constitutional courts are controversial. In the US, those who support judicial decisions being made solely on the original text of the constitution, without considering "implied" principles, are called "strict constructionists". Holding The separate but equal provision of public accommodations by state governments is constitutional under the Equal Protection Clause. ... 1896 (MDCCCXCVI) was a leap year starting on Wednesday (see link for calendar). ... 1954 (MCMLIV) was a common year starting on Friday of the Gregorian calendar. ... Holding Racial segregation of students in public schools violates the Equal Protection Clause of the Fourteenth Amendment because separate facilities are inherently unequal. ... Strict constructionism is a philosophy of judicial interpretation and legal philosophy that limits judicial interpretation to the meanings of the actual words and phrases used in law, and not on other sources or inferences. ...

States that have codified constitutions normally give them 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. Secondly, an extraordinary procedure is required for constitutional amendments that may involve obtaining 2/3 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. 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. ... Ultra vires is a Latin phrase that literally means beyond the power. ... Constitutionality is the status of a law, procedure, or act being in accordance with the laws or guidelines contained in a constitution. ... A constitutional amendment is an alteration to the constitution of a nation or a state. ... A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, 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. ...

Uncodified constitution

By contrast, in the Westminster tradition which originated in England, the uncodified constitution includes written sources but also unwritten 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. The Westminster system is a democratic system of government modelled after that of the United Kingdom system, as used in the Palace of Westminster, the location of the Parliament of the United Kingdom. ... Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location (dark green) within the United Kingdom (light green), with the Republic of Ireland (blue) to its west Languages English Capital London Largest city London Area – Total Ranked 1st UK 130,395 km² Population – 60,609... A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ... Precedent, sometimes authority, is the legal principle or rule created by a court which guides judges in subsequent cases with similar issues or facts. ... 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. ... A convention is a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom. ... It has been suggested that this article or section be merged into Constitution of the United Kingdom. ... The British Empire in 1897, marked in pink, the traditional colour for Imperial British dominions on maps. ... 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. 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. ... The Human Rights Act 1998 is a United Kingdom Act of Parliament which received Royal Assent on November 9, 1998, and came into force on October 2, 2000. ... Magna Carta Magna Carta (Latin for Great Charter, literally Great Paper), also called Magna Carta Libertatum (Great Charter of Freedoms), was an English charter originally issued in 1215. ...

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. A constitutional amendment is an alteration to the constitution of a nation or a state. ...

Modification of an entrenched constitution will require more than the amendment proposed being passed by the national legislature, it will require wider approval. Sometimes, the reason for this is that the constitution is considered supreme law, such as according to the supremacy clause in the United States 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. The procedure for modifying a constitution is often called amending. Procedures for ratification of constitutional amendments vary between states. In a federal system of government such as the United States, the approval of a majority of state/provincial legislatures may be required. A national referendum may be required in some states, such as Australia. Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause: The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as the supreme law of the land. ... A constitutional amendment is an alteration to the constitution of a nation or a state. ...

In constitutions that are not entrenched, no special procedure is required for modification. In the small number of countries with un-entrenched constitutions, the lack of entrenchment is because the constitution is not recognised with any higher legal status than ordinary statutes. In the UK for example, passing laws which modify sources of the constitution, whether they are written or unwritten, are passed on a simple majority in Parliament. The concept of "amendment" does not apply, as the constitution can be altered as easily in terms of procedure as any national law. 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. ... The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ...

Distribution of sovereignty

Constitutions also establish where sovereignty is located in the state. There are three basic types of distribution of sovereignty: federal, unitary and confederal. A federal system of government will inevitably have a constitution that recognizes the division of sovereignty between the centre and peripheral/provincial regions of the state. A unitary constitution will recognise that sovereignty resides only in the centre of the state. The US has a federal constitution, since different powers are enumerated to the centre (federal government) rather than to its peripheral regions (states). In the UK, the constitutional doctrine of Parliamentary sovereignty dictates than sovereignty is ultimately contained at the centre. In the UK, legally, local government and devolved government (such as the Scottish Parliament) could be abolished by Parliament. The amount of power government institutions below Parliament have totally depends on Parliament. In the United States, it is impossible for the federal government to remove enumerated power from or abolish any of the states, and it is impossible for a state to secede from the Union, due to the federal design of the constitution, together with the doctrine of entrenchment. Confederal constitutions are rare, and there is often dispute to whether so-called "confederal" states are actually federal. In a confederacy, sovereignty is located in peripheral regions/provinces and only limited power is granted to the centre. A historical example of a confederal constitution is the Swiss Federal Constitution, the constitution of the Confederate States of America and the Articles of Confederation. Federalism is the idea of a group or body of members that are bound together (latin: foedus, covenant) with a governing representative head. ... This law-related article does not cite its references or sources. ... A U.S. state is any one of the 50 states which have membership of the federation known as the United States of America (USA or U.S.). The separate state governments and the U.S. federal government share sovereignty. ... Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. ... Local governments are administrative offices of an area smaller than a state. ... For the national legislative body up to 1707, see Parliament of Scotland. ... The Swiss Constitution (Bundesverfassung in German) is at the highest level of Switzerlands judicial system. ... Motto: Deo Vindice (Latin: With God As Our Vindicator) Anthem: God Save the South (unofficial) Dixie (popular) The Bonnie Blue Flag (popular) Capital Montgomery, Alabama February 4, 1861–May 29, 1861 Richmond, Virginia May 29, 1861–April 9, 1865 Danville, Virginia April 3–April 10, 1865 Largest city New Orleans... The Articles of Confederation The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document of the United States of America. ...

Separation of powers

Constitutions vary extensively as to the degree of separation of powers, usually meaning the constitutional separation of the executive, legislative and judicial branches of government. The United States constitution has a full separation of powers, with each branch having particular enumerated powers. For instance, Congress, the US legislature, has the power of impeachment, which cannot be exercised by another branch. The separation of powers (or trias politica, a term coined by French political thinker Montesquieu) is a model for the governance of the state. ... The separation of powers (or trias politica, a term coined by French political thinker Montesquieu) is a model for the governance of the state. ... Depiction of the impeachment trial of Andrew Johnson, then President of the United States, in 1868. ...

Lines of accountability

Lines of accountability are a common feature in all democratic constitutions. In presidential systems of government such as the United States, and semi-presidential systems such as France, department secretaries/ministers are accountable to the President, who has patronage powers to appoint and dismiss ministers. The president is accountable to the people in an election. In Parliamentary systems such as the United Kingdom and Australia, ministers are accountable to Parliament, but it is the Prime Minister who appoints and dismisses them (in Westminster systems he derives this power from the monarch, a component of Parliament). There is the concept of a vote of no confidence in many countries with parliamentary systems, which means that if a majority of the legislature vote for a no confidence motion, then the government must resign, and a new one will be formed, or parliament will be dissolved and a general election called. The majority of this article is about heads of states. ... A Motion of No Confidence, also called Motion of Non Confidence is a parliamentary motion traditionally put before a parliament by the opposition in the hope of defeating or embarrassing a government. ...

Façade Constitutions

Italian political theorist Giovanni Sartori noted the existence of national constitutions which are a façade for authoritarian sources of power. While such documents may express respect for human rights or establish an independent judiciary, they may be ignored when the government feels threatened or entirely dishonoured in practice. An extreme example was the Constitution of the Soviet Union that on paper supported freedom of assembly or freedom of speech; however, citizens who acted accordingly were summarily imprisoned. (Incidentally, this led to a famous Radio Yerevan joke: Someone asked Armenian Radio: What is the difference between the Constitutions of the USA and USSR? Both guarantee freedom of speech. Armenian Radio answered: In principle yes, but the Constitution of the USA also guarantees freedom after the speech). The example demonstrates that the protections and benefits of a constitution are provided less through its written terms, but more through deference by government and society to its principles. Giovanni Sartori is an Italian political scientist specializing in the study of comparative politics. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... The Soviet Union was governed by four versions of its Constitution: 1918 Soviet Constitution 1924 Soviet Constitution 1936 Soviet Constitution 1977 Soviet Constitution The political theory underlying the Soviet Constitution differed from the political theory underlying constitutions in the West. ... Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one wishes. ... A public demonstration Freedom of speech is the concept of being able to speak freely without censorship. ... A political prisoner may be someone held in prison or otherwise detained, perhaps under house arrest, because their ideas or image are deemed by a government to either challenge or threaten the authority of the state. ... Radio Yerevan, or Armenian Radio jokes were very popular in the Soviet Union and in other Communist countries of the ex-Eastern bloc since the second half of the 20th century. ...

Constitutional courts

The constitution is often protected by a certain legal body in each country with various names, such as supreme, constitutional or high court. This court judges the compatibility of legislation with the provisions and principles of the constitution, which is termed "constitutionality". Especially important is the court's responsibility to protect constitutionally established rights and freedoms. In constitutions without the concept of supreme law, such as the United Kingdom constitution, the concept of "constitutionality" has little meaning, and constitutional courts do not exist.

A "constitutional violation" is an action or legislative act that is judged by a constitutional court to be contrary to the constitution, that is, "unconstitutional". An example of constitutional violation by the executive could be a politician who abuses the powers of his constitutionally-established office. 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. A politician is an individual who is a formally recognized and active member of a government, or a person who influences the way a society is governed through an understanding of political power and group dynamics. ... A constitutional amendment is an alteration to the constitution of a nation or a state. ...

A constitutional court is normally the court of last resort, the highest judicial body in the government. The process of judicial review is then integrated into the system of courts of appeal. This is the case, for example, with the Supreme Court of the United States. Cases must normally be heard in lower courts before being brought before the Supreme Court, except cases for which the Supreme Court has original jurisdiction. Some other countries dedicate a special court solely to the protection of the constitution, as with the German Constitutional Court. Most constitutional courts are powerful instruments of judicial review, with the power to declare laws "unconstitutional", that is, incompatible with the constitution. The effect of this ruling varies between governments, but it is common for the courts' action to rule a law unenforceable, as is the case in the United States. However, many courts have the problem of relying on the legislative and executive branches' co-operation to properly enforce their decisions. For example, in the United States, the Supreme Court's ruling overturning the "separate but equal" doctrine in the 1950s depended on individual states co-operation to enforce. Some failed to do so, prompting the federal government to intervene. The supreme court in some countries, provinces, and states, is the highest court in that jurisdiction and functions as a court of last resort whose rulings cannot be appealed. ... Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or for the violation of basic principles of justice. ... Court of Appeals is the title of certain appellate courts in various jurisdictions. ... The Supreme Court of the United States is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ... The original jurisdiction of a court refers to matters on which the court rules directly, rather than on matters which are referred to it after being heard by another court. ... The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German Constitution, the Grundgesetz (Basic Law). ...

Some countries, mainly those with uncodified constitutions, have no such courts at all – for example, as the United Kingdom traditionally functions under the principle of parliamentary sovereignty: the legislature has the power to enact any law it wishes. However, through its membership in the European Union, the UK is now subject to the jurisdiction of European Community law and the European Court of Justice; similarly, by acceding to the Council of Europe's European Convention on Human Rights, it is subject to the European Court of Human Rights. In effect, these bodies are constitutional courts that can invalidate or interpret UK legislation, first established as a principle by the Factortame case. Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. ... The European Union is unique among international organizations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ... The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ... The Palace of Europe in Strasbourg European Flag: used by the Council of Europe and by the European Union The Council of Europe (French: Conseil de lEurope , German: Europarat /ˌɔɪ.ˈro. ... The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights, was adopted under the auspices of the Council of Europe in 1950 to protect human rights and fundamental freedoms. ... European Court of Human Rights building in Strasbourg The European Court of Human Rights, often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints from Council of Europe member states. ... The Factortame case was a landmark constitutional case in the United Kingdom, which confirmed the primacy of European Union law over UK law. ...

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 is 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 (or Shumer, Egyptian Sangar, Bib. ... Urukagina was a ruler (énsi) of Lagash in Mesopotamia about the 24th century BC. His wife was probably Queen Shagshag. ... Lagash or Sirpurla was one of the oldest cities of Sumer and later Babylonia. ... A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ... Usury (pronounced //, from the Latin usuria, demanding in return for a loan a greater amount than was borrowed) was defined originally as charging a fee for the use of money. ...

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 that of Ur-Nammu of Ur (ca. 2050 BC). Some of the more well known among these include the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code, Mosaic law, and likewise the commandments of Cyrus the Great of Persia. Image File history File linksMetadata Hammurabi. ... Image File history File linksMetadata Hammurabi. ... Ur-Nammu (or Urnammu) was an ancient Sumerian king of Ur, fl. ... Ur seen across the Royal tombs, with the Great Ziggurat in the background, January 17, 2004 Ur was an ancient city in southern Mesopotamia, located near the original mouth of the Euphrates and Tigris rivers on the Persian Gulf and close to Eridu. ... An inscription of the Code of Hammurabi The Code of Hammurabi (also known as the Codex Hammurabi and Hammurabis Code), created ca. ... Babylonia, named for its capital city, Babylon, was an ancient state in the south part of Mesopotamia (in modern Iraq), combining the territories of Sumer and Akkad. ... Relief of Suppiluliuma II, last known king of the Hittite Empire Hittites is the conventional English-language term for an ancient people who spoke an Indo-European language and established a kingdom centered in Hattusa (Hittite URU) in north-central Anatolia from the 18th century BC. In the 14th century... Relief from Assyrian capital of Dur Sharrukin, showing transport of Lebanese cedar (8th c. ... 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... Cyrus the Great Cyrus the Great also Cyrus II of Persia or Cyrus the Elder, (ca. ... For other uses of this term see: Persia (disambiguation) The Persian Empire is the name used to refer to a number of historic dynasties that have ruled the country of Persia (Iran). ...

In 621 BC, a scribe called Draco wrote the laws of the city-state of Athens; and being quite cruel, this code prescribed the death penalty for any offense. In 594 BC, Solon, the ruler of Athens, created a new 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. Look up Draconian in Wiktionary, the free dictionary. ... Athens (Greek: Αθήνα, Athína IPA: ) is the capital of Greece and one of the most famous cities in the world, named after goddess Athena. ... Solon Solon (Greek: Σόλων, ca. ... 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. ... Births Deaths Gerren I Llyngesog ab Erbin, King of Dumnonia. ...

Aristotle (c. 350 BC) was also one of the first 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, who had the exclusive opportunity to participate in the state, and non-citizens and slaves who did not. Aristotle, marble copy of bronze by Lysippos, Louvre, Paris Aristotle (Ancient Greek: Aristotélēs 384 – March 7, 322 BC) was an ancient Greek philosopher, a student of Plato and teacher of Alexander the Great. ... ... The Politics of Aristotle is the second half of a single treatise of which his Ethics is the first. ... Nicomachean Ethics (sometimes spelled Nichomachean), is a work by Aristotle on virtue and character and plays a prominent role in defining Aristotelian ethics. ...

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 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. Another is the Constitution of Medina, drafted by the prophet of Islam, Muhammad, in 622. 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. ... Events April 13 - Sabinianus becomes Pope, succeeding Gregory I. September 13 - Pope Sabinianus is consecrated. ... 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 religion and philosophy focusing on the teachings of the Buddha Śākyamuni (Siddhārtha Gautama), who probably lived in the 5th century BCE. Buddhism spread throughout the ancient Indian sub-continent in the five centuries following the Buddhas death, and propagated into Central, Southeast, and East Asia... The Constitution of Medina is the earliest known written constitution. ... For other uses, including people named Islam, see Islam (disambiguation). ... For other people named Muhammad, see Muhammad (disambiguation). ... Events Hijra - Muhammad and his followers withdraw from Mecca to Medina - year one of the Islamic calendar. ...

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 ... The Iroquois Confederacy (Haudenosaunee, also known as the League of Peace and Power, Five Nations, or Six Nations) is a group of First Nations/Native Americans. ...

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 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: Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location (dark green) within the United Kingdom (light green), with the Republic of Ireland (blue) to its west Languages English Capital London Largest city London Area – Total Ranked 1st UK 130,395 km² Population – 60,609... Henry I of England (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. ... Events William II of England dies in a hunting accident - Henry I becomes King of England King Henry I proclaims the Charter of Liberties, one of the first examples of a constitution. ... This page deals with the King of England. ... Magna Carta Magna Carta (Latin for Great Charter, literally Great Paper), also called Magna Carta Libertatum (Great Charter of Freedoms), was an English charter originally issued in 1215. ... // Events A certified copy of the Magna Carta June 15 - King John of England forced to put his seal to the Magna Carta, outlining the rights of landowning men (nobles and knights) and restricting the kings power. ... For other uses, see Habeas corpus (disambiguation). ... To meet Wikipedias quality standards, this article or section may require cleanup. ...

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.

May 3rd Constitution (painting by Jan Matejko, 1891). 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. ... Jan Matejko , self-portrait Jan Matejko (aka Jan Mateyko; Free City of Kraków, July 28, 1838 – November 1, 1893, Kraków, was a Polish artist famous for paintings of notable Polish political and military events. ... 1891 (MDCCCXCI) was a common year starting on Thursday (see link for calendar). ... The ermine (Mustela erminea) is a dark brown weasel, with a distinctive black-tipped tail. ... St. ... This article is about the lower chamber of Polish parliament. ... 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. ... Social contract theory (or contractarianism) is a concept used in philosophy, political science and sociology to denote an implicit agreement within a state regarding the rights and responsibilities of the state and its citizens, or more generally a similar concord between a group and its members, or between individuals. ... This article or section does not cite its references or sources. ... The House of Commons is the lower house of the Parliament of the United Kingdom. ...

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 partly from former law codes of the Byzantine rulers such as Justinian. 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. St. ... The Fetha Negest (Laws of the Kings) is a legal code compiled by Coptic Christian ecclesiastics for the use of Ethiopian kings. ... The Arabic language (Arabic: ‎ transliterated: ), or simply Arabic (Arabic: ‎ transliterated: ), is the largest member of the Semitic branch of the Afro-Asiatic language family (classification: South Central Semitic) and is closely related to Hebrew and Aramaic. ... This is a list of the Emperors of the late Eastern Roman Empire, called Byzantine. ... The Geez language (or Giiz language) is an ancient language that developed in the Ethiopian Highlands of the Horn of Africa as the language of the peasantry. ... Events March - French troops under Guy de Richemont besiege the English commander in France, Edmund Beaufort, Duke of Somerset, in Caen April 15 - Battle of Formigny. ... 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. ...

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. The Constitution of San Marino (Latin: Leges Statutae Republicae Sancti Marini) was first adopted on Oct 8, 1600. ... Latin is an ancient Indo-European language originally spoken in the region around Rome called Latium. ... Law (from the late Old English lagu of probable North Germanic origin) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, forbid or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide... 1597 1598 1599 - 1600 - 1601 1602 1603 |- | align=center colspan=2 | Decades: 1570s 1580s 1590s - 1600s - 1610s 1620s 1630s |- | align=center | Centuries: 15th century - 16th century - 17th century |} // Events January January 1 - Scotland adopts January 1st as being New Years Day February February 17 - Giordano Bruno burned at the... Events February 22 - Jubilee of Pope Boniface VIII. March 10 - Wardrobe accounts of King Edward I of Englanddo (aka Edward Longshanks) include a reference to a game called creag being played at the town of Newenden in Kent. ... This article is in need of attention from an expert on the subject. ...

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. Official language(s) English Capital Boston Largest city Boston Area  Ranked 44th  - Total 10,555 sq. ... 1780 was a leap year starting on Saturday (see link for calendar). ... The Articles of Confederation The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document of the United States of America. ... A U.S. state is any one of the 50 states which have membership of the federation known as the United States of America (USA or U.S.). The separate state governments and the U.S. federal government share sovereignty. ...

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 and is commonly believed to be the oldest modern, national, codified constitution in the world. The United States Constitution is the supreme law of the United States of America. ... 1789 was a common year starting on Thursday (see link for calendar). ... 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 (ca 203 BC - 120 BC, Greek Πολυβιος) was a Greek historian of the Mediterranean world famous for his book called The Histories or The Rise of the Roman Empire, covering the period of 220 BC to 146 BC. // Personal experiences As the former tutor of Scipio Aemilianus , the famous adopted... John Locke (August 29, 1632 – October 28, 1704) was an influential English philosopher. ... Portrait of Montesquieu in 1728. ... Republicanism is the idea of a nation being governed as a republic. ...

See also

• Apostolic constitution (a class of Roman Catholic Church documents)
• Corporate constitution
• European Union (proposed) constitution
• List of national constitutions
• UN Charter
• Wiki Constitution

Judicial philosophies of constitutional interpretation (note: generally specific to U.S. constitutional law) An Apostolic constitution (Latin constitutio apostolica) is a very solemn decree issued by the Pope of the Roman Catholic Church. ... It has been suggested that this article or section be merged with Catholicism. ... A company is, in general, any group of persons, which are known as its members, united to pursue a common interest. ... The Treaty establishing a Constitution for Europe, commonly referred to as the European Constitution, is an international treaty intended to create a constitution for the European Union. ... // Codified constitutions Afghanistan Albania Algeria Andorra Angola Argentina Armenia Australia Austria — titled Bundesverfassungsgesetz Bangladesh Bahrain Belarus Belgium — titled De Belgische Grondwet in Flemish Bosnia and Herzegovina (Dayton Agreement, 1995) Brazil Canada (1982) Chile China, Peoples Republic of Hong Kong Macau Tibet China, Republic of - Taiwan Colombia Congo, Democratic Republic... The United Nations Charter is the constitution of the United Nations. ... A wiki constitution is a website that allows all of the residents, citizens or members of a community to build or improve upon a constitution for their national, state/province, or local government, or to build a constitution simply for their community. ... Motto: (1789 to 1956) (Latin for Out of many, one) In God We Trust (1956 to present) Anthem: The Star-Spangled Banner Capital Washington, D.C. Largest city New York City Official language(s) None at federal level; English (de facto) Government Federal Republic  - President George W. Bush (R)  - Vice... Constitutional law is the study of foundational laws that govern the scope of powers and authority of various bodies in relation to the creation and execution of other laws by a government. ...

• Judicial activism
• Judicial restraint
• Originalism
• Strict constructionism

This article needs a complete rewrite for the reasons listed on the talk page. ... The neutrality of this article is disputed. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... Strict constructionism is a philosophy of judicial interpretation and legal philosophy that limits judicial interpretation to the meanings of the actual words and phrases used in law, and not on other sources or inferences. ...

External links

• The Constitution Society Research and public education on the principles of constitutional republican government
• Dictionary of the History of Ideas: Constitutionalism
• International Constitutional Law: English translations of various national constitutions
• Constitutional Law "Constitutions, bibliography, links"
• Democratic Constitution Making U.S. Institute of Peace Report, July 2003

The United States Institute of Peace is an independent, nonpartisan federal institution created by Congress to promote the prevention, management, and peaceful resolution of international conflicts. ...

Some national constitutions

(All Constitutions are English unless otherwise noted)

• List of National Constitutions
• Constitution Finder
• Constitution of Argentina (Spanish & English
• Constitution of the Commonwealth of Australia
• Constitution of Brazil (PDF)
• Constitution of Republic of Bulgaria - (Bulgarian)
• Constitution of Canada (French) (Constitution Acts 1867 to 1982)
• Constitution of the People's Republic of China
• Constitution of Denmark (PDF)
• Constitution of Finland (PDF)
• Constitution of France (French)
• Constitution of Georgia
• Constitution of Hungary
• Constitution of India
• Constitution of Iran
• Constitution of the Republic of Ireland (PDF)
• Constitution of Italy - (Italian)
• Constitution of Japan
• Constitution of Republic of Korea (South Korea)-(Korean), (Chinese)
• Constitution of Montenegro
• Constitution of the Philippines
• Constitution of Poland
• Constitution of Russia
• Constitution of Portugal, (PDF), (Portuguese), (Portuguese PDF), French, Spanish
• Constitution of Latvia - (Latvian)
• Constitution of Lithuania
• Constitution of Norway - (Norwegian)
• Constitution of Sweden
• Constitution of Switzerland (PDF), German, French, Italian, other languages
• Constitution of Mexico (Spanish PDF)
• Constitution of the Republic of South Africa
• Constitution of Turkey
• Constitution of The United States of America - Annotated Version
• Constitution of the Bolivarian Republic of Venezuela

This page is a candidate to be copied to Wikisource. ... The United States Constitution is the supreme law of the United States of America. ...

References

• Report on the British constitution and proposed European constitution by Professor John McEldowney, University of Warwick Submitted as written evidence to House of Lords Select Committee on Constitution, published to the public on 15 October 2003.
• "Constitution", Encyclopædia Britannica 2003 Ultimate Reference Suite DVD