The world's first constitution: from Sparta to the US

Where did the first constitution appear? We will try to answer this question in this article. But first we will analyze the concept.

Constitution in the modern sense

The world's first constitution in the modern sense appeared in the United States. This concept is understood as the main body of laws that regulates the basis of the state system. This is not just a collection of normative legal acts - it is a fundamental legal basis on which everything else is built up.

Prototypes of Constitutions in Antiquity

The most famous personalities who introduced the first experience of legal interaction between the state and ordinary citizens - Solon (Athenian archon), Roman king Servius Tullius, Spartan Lycurgus. All of them created a set of laws on which society lived. For example, in Sparta, the position of the Great Retrie, which endowed the people with supreme power, was passed down from generation to generation orally. The council was to meet at the river and make decisions that had been previously prepared in advance.

Law of San Marino

The world's first constitution was approved in the dwarf European state of San Marino. The basic law was adopted there in 1600, the basis of it was the city charter of the XIV century.

The unrecognized constitution of Philippe Orlik

The world's first constitution is the Philippe Orlik document of 1710. It was compiled in the city of Bendery in the territory of the Ottoman Empire. Today it is located on the territory of the Transnistrian republic (Moldova). The Constitution was an agreement between Hetman Philip Orlik and several petty officers. However, it had no legal force. The world's first code of laws, which was also called the constitution, but already had full legal force throughout the country, is the basic law of the United States.

The First Constitution of the USA

The basic law of the USA, adopted on September 17, 1787 at the Council in Philadelphia, is a constitution in the modern sense. It consists of seven articles. However, all the amendments (twenty-seven) are considered an integral part of it. The provisions define the basic state system, establish the separation of powers into legislative (congress), executive (president) and judicial (courts, the supreme 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 drafts of the basic law were discussed. In 1777, the Second Continental Congress adopted the articles of the Confederation. This document defined the US as a confederation, that is, an alliance of several independent states with minimal powers of central authority. This was not yet the first constitution in the world, but it was developed precisely on the basis of Articles of Confederation.

The weakness of this document was that in any vote each state was vested with the right of veto, i.e., could block any decision of the Confederation Congress. Such a rule did not allow making important decisions on key issues, in fact the Congress was not viable.

In September 1786, deputies from five states gathered in Annapolis to change the Articles of Confederation. However, representatives from other states either completely ignored the meeting, or could not get there. Deputies from five states asked the Council to convene all representatives in Philadelphia in order to revise the Articles.

The first constitution in Europe

In 1772, Russia, Prussia and Austria took advantage of Poland's weakness - the first section of the Commonwealth took place . In fact, large European predators bitten off huge territories without any resistance.

The impending 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 Believer (conservative) party.

On October 6, 1788, the patriotic party took over. She changed the diet from ordinary to confederal. This meant that now the decisions on it should be made by a majority vote, and no one had the right to veto.

The Patriotic Party sought to completely reform the state structure of Poland, but the strength of their opponents was great. Then the reformers went to the trick: they used the holidays of opposition deputies and adopted a new constitution on May 3, 1791.

The People's Constitution of the Commonwealth of 1791, though it did not abolish the liberties of the nobility, but approved for the petty bourgeois broad democratic rights: personal inviolability, the right of ownership of the land, the right of representation in the Seimas,

The Constitution of May 3, 1791 is considered the first in Europe.

The first constitution of the RSFSR

The first basic law of the new Soviet Republic appeared in 1818 and consisted of six sections:

1. Rights of the working people and the exploited people.
2. General provisions.
3. Organization of a new power system.
4. Suffrage.
5. The budgetary right.
6. About the coat of arms and the flag.

The first constitution of the RSFSR was a collection of separate arches, each of which regulated its sphere. The highest 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, the All-Russian Central Election Committee (VTsIK) performed its function between these congresses. His secretary and members were elected at the Congress.

The congress and the All-Russian Central Executive Committee had broad powers in matters of domestic and foreign policy: the admission of new republics to the RSFSR, the decision to withdraw from the country, relations with foreign states, including the declaration of war and peace, the introduction of new taxes,

The Congress and the All-Russia Central Executive Committee are legislative bodies with broad powers, they are not in a position to solve current momentary tasks. These affairs were dealt with by the government - the Council of People's Commissars (SNK). SNK had the right to issue decrees, orders, instructions, which were necessary for governing the country.

In general, 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.