National Constitution

A National Constitution is a legal document that establishes the fundamental principles, rights, structures, and procedures of a government.

• Context:
  • It can define the structure of government, specifying branches such as the executive, legislative, and judicial branches and their respective powers.
  • It can outline fundamental rights and civil liberties for citizens, such as freedom of speech, due process, and equal protection under the law.
  • It can provide a framework for amendments or modifications to allow for adjustments as societal values, political dynamics, or needs change.
  • It can serve as the highest legal authority, with all laws, policies, and government actions subject to its provisions.
  • It can be written, as in the case of the U.S. Constitution, or unwritten, relying on traditions and legal precedents, as in the case of the United Kingdom's Constitution.
  • It can be interpreted by judicial review in some systems, where courts are empowered to assess the constitutionality of laws and actions.
  • It can vary in form and content by country, reflecting the unique history, values, and political philosophies of a nation or organization.
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• Example(s):
  • a United States Constitution (1788-present), for the United States, establishing a federal structure with separated powers and individual rights through the Bill of Rights.
  • a Constitution of India (1950-present), which is one of the longest constitutions, emphasizing federalism, individual rights, and social justice.
  • a German Basic Law (Grundgesetz) (1949-present), which serves as Germany's constitution, emphasizing democracy, federalism, and human rights after World War II.
  • a Constitution of Japan (1947-present), which renounces war in Article 9 and promotes democratic governance and civil rights.
  • a French Constitution of the Fifth Republic (1958-present), which established France’s semi-presidential system and provides for a strong executive branch.
  • a Brazilian Constitution of 1988, known as the "Citizen Constitution," emphasizing civil rights, social security, and environmental protections.
  • a Constitution of the People's Republic of China (1982-present), which defines the state’s structure and the role of the Communist Party in governance.
  • a Swiss Federal Constitution (1848, revised 1999), establishing Switzerland's federal system and direct democracy elements.
  • an Italian Constitution (1948-present), adopted after WWII, promoting democratic rights, labor protections, and a clear separation between church and state.
  • a Mexican Constitution of 1917, the first to incorporate social rights like labor protections and land reform, influencing other countries' constitutions.
  • a South African Constitution (1996-present), notable for its post-apartheid emphasis on human rights, social justice, and reconciliation.
  • a Russian Constitution (1993-present), establishing a semi-presidential system and providing for fundamental rights, though subject to amendments.
  • a Turkish Constitution of 1982, developed after a military coup, combining democratic and secular principles.
  • a South Korean Constitution (1987-present), which emphasizes civil liberties and social welfare, established during the transition to democracy.
  • a Constitution of Argentina (1853, amended multiple times), combining federal structure with protections for individual rights.
  • a Portuguese Constitution of 1976, enacted post-Carnation Revolution, restoring democracy and protecting workers' rights.
  • a Constitution of the Philippines (1987-present), which reinstated democracy after the Marcos dictatorship, emphasizing civil liberties and social justice.
  • an Egyptian Constitution of 2014, established post-political upheaval, emphasizing civil rights and a balanced separation of powers.
  • an Australian Constitution (1901-present), unifying Australian states under a federal system but lacking an explicit bill of rights.
  • a Constitution of Venezuela (1811-2000), marking its first iteration as Latin America’s first constitution, followed by:
    • a Constitution of Venezuela (1830), establishing a centralized republic.
    • a Constitution of Venezuela (1947), the first to introduce democratic reforms, including universal suffrage.
    • a Constitution of Venezuela (1961), adopted after a period of dictatorship, cementing democratic governance and social protections.
    • a Constitution of Venezuela (1999-present), introduced under President Hugo Chávez, which expanded social rights, promoted participatory democracy, and strengthened executive powers.
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• Counter-Example(s):
  • Statutes or legislation that are laws passed by the government but are subordinate to the constitution.
  • Bylaws, which are internal rules established by organizations that do not have the authority of a national constitution.
  • Executive Orders, which direct government operations but do not establish or amend constitutional provisions.
  • Judicial Precedents, which influence the interpretation of laws but do not alter the constitution itself.
  • International Treaties, which govern relations between countries but do not change a nation's constitution.
• See: Supermajority.

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References

2024

• (Wikipedia, 2024) ⇒ https://en.wikipedia.org/wiki/constitution Retrieved:2024-11-5.
  • A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are encompassed in a single comprehensive document, it is said to embody a codified constitution. The Constitution of the United Kingdom is a notable example of an uncodified constitution; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty that establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. Changes to constitutions frequently require consensus or supermajority. The Constitution of India is the longest written constitution of any country in the world, with 146,385 words in its English-language version, while the Constitution of Monaco is the shortest written constitution with 3,814 words. The Constitution of San Marino might be the world's oldest active written constitution, since some of its core documents have been in operation since 1600, while the Constitution of the United States is the oldest active codified constitution. The historical life expectancy of a constitution since 1789 is approximately 19 years.

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