Where did the first constitution appear? We will try to answer this question in this article. But first, let’s take a look at the concept.
Constitution in the modern sense
The world's first constitution in the modern sense appeared in the USA. Under this concept is understood the basic code of laws that governs the foundations of the state system. This is not just a collection of legal acts - it is a fundamental legal framework on which everything else is built.
Prototype constitutions in antiquity
The most famous personalities who introduced the first experience of legal interaction between the state and ordinary citizens are Solon (Athenian archon), Roman king Servius Tullius, Spartan Lycurgus. They all created a code of laws by which society lived. For example, in Sparta, the provisions of the Great Retra, which endowed the people with supreme power, were transmitted orally from generation to generation. The council was to meet at the river and make decisions that had been prepared in advance.
San Marino Act
The world's first constitution was approved in the dwarf European state of San Marino. The main law was adopted there in 1600, its basis was the city charter of the XIV century.
Unrecognized constitution of Philip Orlik
The world's first constitution - a document of Philip Orlik in 1710. It was composed in the city of Bender in the Ottoman Empire. Today it is located on the territory of the Transnistrian Republic (Moldova). The constitution was an agreement between the hetman Philip Orlik and several foremen. However, it had no legal effect. The world's first code of laws, which was also called the constitution, but already had full legal force throughout the country, is the main law of the United States.
First US Constitution
The U.S. Fundamental Law, passed on September 17, 1787 by the Philadelphia Council, is a constitution in its modern meaning. Consists of seven articles. However, all amendments (twenty-seven) are considered an integral part of it. The provisions determine the main state system, establish the separation of powers into legislative (congress), executive (president) and judicial (courts, the highest of which is the Supreme).
The first US constitution is officially considered the first in the world in the modern legal sense of the term.
History of creation
Even during the War of Independence, various draft fundamental laws were discussed. In 1777, the Second Continental Congress adopted Articles of the Confederation. This document defined the United States as a confederation, that is, an alliance of several independent states with minimal central authority. It was not the first constitution in the world, but it was developed on the basis of the Articles of the Confederation.
The weakness of this document was that in any vote each state was vested with the right of veto, that is, it could block any decision of the Confederation Congress. Such a rule did not allow important decisions to be taken on key issues; in fact, Congress was not viable.
In September 1786, deputies from 5 states gathered in Annapolis to amend the Articles of Confederation. However, representatives from other states either completely ignored the meeting or were unable to get there. Deputies from 5 states requested the Council to convene all representatives in Philadelphia in order to revise the clauses of the Articles.
The first constitution in Europe
In 1772, Russia, Prussia and Austria took advantage of the weakness of Poland - the first division of the Commonwealth occurred . In fact, large European predators bit off huge territories without any resistance.
The hanging threat of the destruction of the state intensified the internal political struggle in Poland. Two parties fought in the Sejm: the patriotic (supporters of reform) and the old-fashioned (conservative).
On October 6, 1788, the patriotic party prevailed. She changed the Sejm from ordinary to confederal. This meant that now decisions on it should be taken by a majority vote, and no one had a veto.
The Patriotic Party sought to completely reform the political system of Poland, but the strength of their opponents was great. Then the reformers went to the trick: they took advantage of the holidays of the opposition deputies and adopted the new constitution on May 3, 1791.
Although the People’s Constitution of the Commonwealth of 1791 did not abolish the liberties of the nobility, it affirmed broad democratic rights for tradesmen: personal inviolability, property rights to land, rights of representation in the Sejm, etc.
The Constitution of May 3, 1791 is considered the first in Europe.
The first constitution of the RSFSR
The first fundamental law of the new Soviet republic appeared in 1818 and consisted of six sections:
- The rights of workers and exploited people.
- General Provisions
- Organization of a system of new power.
- Suffrage.
- Budget law.
- About the coat of arms and the flag.
The first constitution of the RSFSR was a collection of separate codes, each of which regulated its sphere. The supreme authority was the All-Russian Congress of Soviets of Workers, Soldiers, Peasants and Cossack Deputies. Since it is very difficult to gather all the representatives, between these congresses his function was performed by the All-Russian Central Election Committee (VTsIK). Its secretary and members were elected at the Congress.
The congress and the All-Russian Central Executive Committee had wide powers on issues of domestic and foreign policy: the adoption of new republics into the RSFSR, the decision to leave the country, relations with foreign states, including the declaration of war and peace, the introduction of new taxes, etc.
The Congress and the All-Russian Central Executive Committee are legislative bodies with broad powers; they are not able to solve the current short-term tasks. The government - the Council of People's Commissars (SNK) was engaged in these matters. SNK had the right to issue decrees, orders, instructions that were necessary to govern the country.
On the whole, the constitution of the RSFSR completely destroyed the old regime: the dictatorship of the proletariat was introduced, the rights of workers and peasants to free labor, free education and medicine were declared. A socialist economy was created in the country.