MIDAN MASR
What is a Constitution?
2300 B.C.
To date, The most ancient law
known to us regulating government
affairs or the state’s administrative
apparatus was drafted in the time
of the Sumerian monarch, King of
Lagash. He
issued
decrees
forbidding the rich from exploiting
the poor and banning the clergy
from exploiting the public. One of
these decrees ordains that “The
Grand Priest may not invade the
garden of a humble person to seize
wood or levy a tax on fruit.”
1790 B.C.
594 B.C.
The Sixth Babylonian King,
Hammurabi, issued a code carrying
his name containing in excess of
200 laws, the majority of which
pertained to crimes of theft,
fornication and murder, albeit some
laws explicitly stated protection of
women and children, making it one
of the oldest charters in human
history that advocate women and
children’s rights.
Solon’s Athenian Constitution
concentrated on regulating the
process of joining the elite class
based upon wealth rather than
noble blood, and facilitated certain
rights for laborers.
1215 A.D.
The Magna Carta is a charter of liberties that King John of England
was forced to sign at the behest of a group of feudal barons in the
wake of England’s defeat by the French.The principal objective of this
charter was to curb the king’s authorities and absolute power which
the nobility considered a prime cause for the defeat due to the king’s
lack of wisdom and his recklessness. The charter was supported by
stalwarts in the English state, most prominently Stephen Langton
Archbishop of Canterbury who acted as an intermediary between
the king and the nobility, albeit his interests ultimately rested with the
latter. The king stamped the charter on June 15th, 1215 A.D. in
exchange for a renewed oath of allegiance from the barons.
This charter was amended in 1216, after the death of King John,
during the reign of his son King Henry III who was enthroned aged
nine, by omitting one of its articles. A complementary charter to the
barons’ document was issued in 1217 entitled the Charter of the
Forest (Carta de Foresta). The original document was labeled the
Magna Carta to distinguish it from the Charter of the Forest.
Upon his coming of age in 1225, Henry III assembled the charters of
liberties and reissued a new Magna Carta, in exchange for a tax on
movable property, labeled the Third Great Charter of Henry III,
where he compacted the original document into just 37 articles,
where he explicitly stated that the charter was voluntarily bestowed
by the king and not by coercion, albeit he followed this with a decree
forbidding any legal document or liberties from going into effect
without being stamped with the Great Seal of the Realm, which led
to rendering the charter ineffective.
In 1297 King Edward I reissued the great Charter specifying people’s
rights and liberties in exchange for a tax hike; and this charter
remains effective until this day in internal UK statutes.
Some
622 A.D.
The Constitution of Medina (Sahifat al-Madinah) also known as the Charter of
Medina, was written immediately upon the Migration (Hijra) of the Prophet
Muhammad—peace be upon him—to Medina and is considered the closest
historical document to modern-day civil constitutions. The purpose of this
constitution was to govern relations between all sects and groups in Medina or
‘Yathrib,’ which comprised al-Muhajireen (the Migrants), al-Ansar (the
Supporters), Jewish factions, and other residents of Yathrib who did not embrace
heavenly religions.
The manner by which the Charter of Medina was sealed marked a watershed
moment in human history, as neither the Prophet nor Muslims drafted its articles
unilaterally, but rather circulated it among Jewish tribes residing in Medina,
merchants, and other authorities of ‘Yathrib’ so that they would become aware of
its content and either approve it or request its amendment prior to reaching a
consensus. Once it was endorsed by everyone it was declared binding upon all
residents of Medina.
Evidently one of the most important clauses of the Charter pertained to joint
defense amongst all factions against any external aggression upon Medina;
according to the original text of the Charter “If anyone attacks a signatory of this
Pact, the others must come to his aid, and they (parties to this Pact) must seek
mutual advice and consultation devoid of unrighteousness.”
Italian Orientalist Giorgio de Santillana comments: “This constitution included 52
clauses, all of them representing the opinion of the Messenger of Allah. This
constitution was written in a diction that allows followers of other religions to live
freely amongst Muslims, and hold their religious rituals as they wish, and without
causing annoyance for any party. This constitution went into effect in the first
year of the Hijra (623 A.D.).
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MIDAN MASR
What is a Constitution?
559–530 B.C.
508 B.C.
Persian King Kouroush (Cyrus)’s
Charter of Human Rights is
considered the oldest charter
permitting religious freedom and
abolishing serfdom and slavery.
The
Athenian
democratic
constitution was the first charter to
mention “rule by the people” and
adopted a method of inclusive
participation in decision-making,
election of persons into office, and
referendums on decisions. Moreover,
judicial rulings were issued via the
Council and democratic rights were
accessible to every free, male adult
Athenian.
e History
604 A.D.
438 A.D.
In
Japan,
Prince
Shōtoku
promulgated
a
17-article
constitution which served as an
early constitutional model in East
Asia, it was primarily based upon
Buddhist teachings and largely
focused on social commitments
towards the government and the
state.
In
Constantinople,
Emperor
Theodosius II labored to promulgate
the Theodosian code of law (Codex
Theodosianus) which compiled all
Roman laws and principles of state.
Amongst the most important of
these principles was the one granting
Roman citizenship to all subjects of
the Roman empire. The code went
into
effect
in
two
cities:
Constantinople and Rome, the first
being the capital of Emperor
Constantine who oversaw the
empire’s conversion to Christianity,
and the second being the symbol of
the ancient capital of the empire.
450 B.C.
The first Roman constitution, labeled
the Law of the Twelve Tablets, was the
first written Roman law. These laws
were drawn up on 12 tablets which
were posted for public view in the
Roman Forum, where all essential
discussions took place. These laws
served as the foundation for Roman
citizens’ rights and tackled legal
procedures such as equity and
propriety, construction laws, and
punishment for violation of the laws.
These tablets were written by the
decemvirate (a council composed of 10
men). The decemvirate based these
laws on preceding civil and criminal
Roman laws, as well as upon religious
customs. The laws were displayed
publicly to familiarize citizens with their
legal rights and were executed
impartially among all citizens.
YOU Been studyin'
behind our backs??
Written & Unwritten Constitutions:
• The majority of world constitutions are written. The Indian Constitution is the longest written constitution, comprising
444 articles and 94 amendments, whereas the United States Constitution is one of the shortest written constitutions
consisting of 7 articles and 27 amendments.
• Unwritten constitutions are originally flexible constitutions based on custom, as is the case in the UK
and a handful of other countries such as Israel.
© Midan Masr. All rights reserved.
For re-publication or reuse please contact
Midan Masr. www.midanmasr.com