constitution

Body of fundamental (basic) laws of a state, laying down the system of government and defining the relations of the executive (administration), legislature (law-making body), and judiciary (courts) to each other and to the citizens. Since the French Revolution (1789-1799) almost all countries (the UK is an exception) have adopted written constitutions; that of the USA (1787) is the oldest. Of all the world's states, 69 have adopted their current constitutions in the period since 1989.

What is a constitution? In Europe, since the foundation of the USA, or at least since the first French Revolution, the idea of a constitution has been generally that of a written public law, promulgated by the sovereign power. In Britain it is the whole body of the public law, customary as well as statutory. A constitutional monarchy is one in which the sovereign is restricted in his powers by the nation's representatives; the granting of a constitution accordingly means the transforming of a monarchy more or less absolute into a constitutional state.

Types of constitution The first historical type of a constitution, as expressed in Magna Carta, is a direct emendation of the feudal system. Later it was amended, enlarged, and assured by successive agreements between the parliament and sovereign. The constitutions of Britain and the state of Israel are unwritten. In the case of Britain the constitution consists of a set of practices and conventions elaborated over many centuries. In the case of Israel the Knesset (parliament) periodically enacts law which will eventually form a constitution.

Other constitutions are written, often with a preamble declaring rights embodied in the constitution. In federal states the constitution has, in addition, to provide a clear demarcation of the areas of competence allocated to the state and to the federal government. In those federated states the constitution has, in some way, the character of a treaty concluded between the different states combined in one federation, and thus it is quite different from any ordinary law. The pattern of the constitution of a federal republic is that of the USA, adopted before the outbreak of the French Revolution.

There have been still more complicated constitutional systems, such, for example, as that of Austria-Hungary, a ‘dual monarchy’ composed of two different countries practically independent of one another, but ruled by the same monarch. There may also be a confederation of several monarchies, as was the old German Confederation, broken up after the Austro-Prussian War (Seven Weeks' War) of 1866.

Absolute monarchies had no constitutions, but the ruler exercised power through various traditional channels. These traditions, which Louis XIV and the most powerful of the Russian autocrats had to observe, were for absolute monarchies what the constitution is in constitutional states.

Constitutional monarchies Modern constitutional monarchies in Europe before World War II were Great Britain, Belgium, the Netherlands, Denmark, Norway, Sweden, Italy, Spain, Romania, and Bulgaria. In Western Europe most of these remained unchanged after the war, but Italy rejected the king and became a republic, and the Spanish monarchy was in abeyance between 1931 and 1975. In Romania the constitution of 1866 (as modified in 1923), which proclaimed the state of Romania as a constitutional monarchy, was restored by royal decree of 31 August 1944; but the king was forced to abdicate in 1947 and a People's Republic was proclaimed. Before World War I Germany, Austria-Hungary (the dual monarchy), Serbia, and Greece were also constitutional monarchies, as were also, conditionally, Russia and what remained of Turkey in Europe. In Greece a plebiscite established a republic from 1924 to 1935, when the monarchy was restored. In 1973, following six years of military rule, civilian rule was re-established, and, as a result of a plebiscite, a republic was declared.

Developments after 1918 Through the worldwide upheaval of World War I the structure of many national constitutions considerably changed.

The fascists in Italy, under the leadership of Mussolini, entirely re-formed the Italian constitution, the new corporate state there no more resembling the former constitution of Italy than the constitution of the USSR resembled the constitution of Tsarist Russia. In Spain the directory of Primo de Rivera was content to suspend the constitution, but after his death the country became a republic, only to revert to a dictatorship after the Civil War.

Federal constitutions A strong movement for the federal form of constitution emerged in the 20th century, as offering some hope of avoiding the anarchy of extreme nationalism.

Where there already existed strong common interests, common social and religious ideals, and geographical contiguity, a closer constitutional association naturally followed, as, for example, in the case of several US and Australian states. In these cases federation merely effectuated a common desire for closer constitutional bonds to achieve common defence and common economic interests, while leaving the constituent states as much autonomy as was consistent with the overriding powers of the federal government.

In the contemporary world 25 states have federal constitutions: Argentina, Australia, Austria, Belgium, Bosnia-Herzegovina, Brazil, Canada, The Comoros, Ethiopia, Germany, India, Malaysia, Mexico, Micronesia, Montenegro, Nigeria, Pakistan, the Russian Federation, St Kitts and Nevis, Serbia, Sudan, Switzerland, the United Arab Emirates, the USA, and Venezuela.