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136-517: According to the 1931 Constitution of the Kingdom of Yugoslavia, The population of the Vrbas Banovina in 1931 was 1,037,382. Most numerous religious groups were Eastern Orthodox Christians with 600,529 (58%), then Muslims with 250,265 (24%), and finally Roman Catholics with 172,787 (17%). In 1939, a small portion of the Vrbas Banovina with Croat majority (Derventa and Gradačac) in the northeast

272-569: A federal state trying to legislate in an area that the constitution allocates exclusively to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation that is found to be beyond power will be "invalid" and of no force; this applies to primary legislation, requiring constitutional authorization, and secondary legislation, ordinarily requiring statutory authorization. In this context, "within power", intra vires , "authorized" and "valid" have

408-405: A priestly role . He could not marry a woman from a senatorial family, nor achieve legitimate senatorial rank himself, but during the early Empire, freedmen held key positions in the government bureaucracy, so much so that Hadrian limited their participation by law. The rise of successful freedmen—through political influence or wealth—is a characteristic of early Imperial society. The prosperity of

544-402: A students' union may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities, these activities are considered to be ultra vires of the union's charter, and nobody would be compelled by the charter to follow them. An example from the constitutional law of sovereign states would be a provincial parliament in

680-405: A constitution in general terms was "the arrangement of the offices in a state". In his works Constitution of Athens , Politics , and Nicomachean Ethics , he explores different constitutions of his day, including those of Athens, Sparta , and Carthage . He classified both what he regarded as good and what he regarded as bad constitutions, and came to the conclusion that the best constitution

816-466: A decree issued by the Pope , now referred to as an apostolic constitution . William Blackstone used the term for significant and egregious violations of public trust, of a nature and extent that the transgression would justify a revolutionary response. The term as used by Blackstone was not for a legal text, nor did he intend to include the later American concept of judicial review : "for that were to set

952-425: A fifth of the population and played a major role in the economy. Slavery was a complex institution that supported traditional Roman social structures as well as contributing economic utility. In urban settings, slaves might be professionals such as teachers, physicians, chefs, and accountants; the majority of slaves provided trained or unskilled labour. Agriculture and industry, such as milling and mining, relied on

1088-635: A fine for a crime for which an humilior might receive a scourging . Execution, which was an infrequent legal penalty for free men under the Republic, could be quick and relatively painless for honestiores , while humiliores might suffer the kinds of torturous death previously reserved for slaves, such as crucifixion and condemnation to the beasts . In the early Empire, those who converted to Christianity could lose their standing as honestiores , especially if they declined to fulfil religious responsibilities, and thus became subject to punishments that created

1224-425: A freedman were born free, with full rights of citizenship. After manumission, a slave who had belonged to a Roman citizen enjoyed active political freedom ( libertas ), including the right to vote. His former master became his patron ( patronus ): the two continued to have customary and legal obligations to each other. A freedman was not entitled to hold public office or the highest state priesthoods, but could play

1360-617: A high-achieving group of freedmen is attested by inscriptions throughout the Empire . The Latin word ordo (plural ordines ) is translated variously and inexactly into English as "class, order, rank". One purpose of the Roman census was to determine the ordo to which an individual belonged. Two of the highest ordines in Rome were the senatorial and equestrian. Outside Rome, cities or colonies were led by decurions , also known as curiales . "Senator"

1496-565: A higher social class. Most of the emperors were bilingual but had a preference for Latin in the public sphere for political reasons, a "rule" that first started during the Punic Wars . Different emperors up until Justinian would attempt to require the use of Latin in various sections of the administration but there is no evidence that a linguistic imperialism existed during the early Empire. After all freeborn inhabitants were universally enfranchised in 212 , many Roman citizens would have lacked

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1632-401: A household or workplace, a hierarchy of slaves might exist, with one slave acting as the master of others. Talented slaves might accumulate a large enough peculium to justify their freedom, or be manumitted for services rendered. Manumission had become frequent enough that in 2 BC a law ( Lex Fufia Caninia ) limited the number of slaves an owner was allowed to free in his will. Following

1768-465: A knowledge of Latin. The wide use of Koine Greek was what enabled the spread of Christianity and reflects its role as the lingua franca of the Mediterranean during the time of the Empire. Following Diocletian's reforms in the 3rd century CE, there was a decline in the knowledge of Greek in the west. Spoken Latin later fragmented into the incipient romance languages in the 7th century CE following

1904-513: A lasting influence on the development of language , religion , art , architecture , literature , philosophy , law , and forms of government across its territories. Latin evolved into the Romance languages while Medieval Greek became the language of the East. The Empire's adoption of Christianity resulted in the formation of medieval Christendom . Roman and Greek art had a profound impact on

2040-454: A man as an equestrian. The census of 28 BC uncovered large numbers of men who qualified, and in 14 AD, a thousand equestrians were registered at Cádiz and Padua alone. Equestrians rose through a military career track ( tres militiae ) to become highly placed prefects and procurators within the Imperial administration. The rise of provincial men to the senatorial and equestrian orders

2176-554: A married woman could have sex only with her husband, but a married man did not commit adultery if he had sex with a prostitute or person of marginalized status. Childbearing was encouraged: a woman who had given birth to three children was granted symbolic honours and greater legal freedom (the ius trium liberorum ). At the time of Augustus, as many as 35% of the people in Roman Italy were slaves, making Rome one of five historical "slave societies" in which slaves constituted at least

2312-544: A period of 20 years would be the optimal time for any constitution to be still in force, since "the earth belongs to the living, and not to the dead". Indeed, according to recent studies, the average life of any new written constitution is around 19 years. However, a great number of constitutions do not last more than 10 years, and around 10% do not last more than one year, as was the case of the French Constitution of 1791 . By contrast, some constitutions, notably that of

2448-584: A period of more than four hundred years, an important aspect of the constitutional structure of the Holy Roman Empire . In China , the Hongwu Emperor created and refined a document he called Ancestral Injunctions (first published in 1375, revised twice more before he died in 1398). These rules served as a constitution for the Ming dynasty for the next 250 years. The oldest written document still governing

2584-427: A sense of "Romanness". Roman society had multiple, overlapping social hierarchies . The civil war preceding Augustus caused upheaval, but did not effect an immediate redistribution of wealth and social power. From the perspective of the lower classes, a peak was merely added to the social pyramid. Personal relationships— patronage , friendship ( amicitia ), family , marriage —continued to influence politics. By

2720-826: A single code until the Codex Theodosianus (438 AD); later, in the Eastern Empire, the Codex repetitæ prælectionis (534) was highly influential throughout Europe. This was followed in the east by the Ecloga of Leo III the Isaurian (740) and the Basilica of Basil I (878). The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in India . For constitutional principles almost lost to antiquity, see

2856-507: A slave's rapist had to be prosecuted by the owner for property damage under the Aquilian Law . Slaves had no right to the form of legal marriage called conubium , but their unions were sometimes recognized. Technically, a slave could not own property, but a slave who conducted business might be given access to an individual fund ( peculium ) that he could use, depending on the degree of trust and co-operation between owner and slave. Within

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2992-451: A sovereign nation today is that of San Marino . The Leges Statutae Republicae Sancti Marini was written in Latin and consists of six books. The first book, with 62 articles, establishes councils, courts, various executive officers, and the powers assigned to them. The remaining books cover criminal and civil law and judicial procedures and remedies. Written in 1600, the document was based upon

3128-529: A state council consisting of 21 members while executive authority was vested in the office of " Lord Protector of the Commonwealth ." This position was designated as a non-hereditary life appointment. The Instrument also required the calling of triennial Parliaments , with each sitting for at least five months. The Instrument of Government was replaced in May 1657 by England's second, and last, codified constitution,

3264-473: Is ab initio , that is, from inception, not from the date of the finding. It was never "law", even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation. Sometimes the problem is not that a statute is unconstitutional, but that the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance

3400-545: Is an aspect of social mobility in the early Empire. Roman aristocracy was based on competition, and unlike later European nobility , a Roman family could not maintain its position merely through hereditary succession or having title to lands. Admission to the higher ordines brought distinction and privileges, but also responsibilities. In antiquity, a city depended on its leading citizens to fund public works, events, and services ( munera ). Maintaining one's rank required massive personal expenditures. Decurions were so vital for

3536-484: Is considered foundational to the rule of law . Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice , issued by the Sumerian king Urukagina of Lagash c.  2300 BC . Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some rights to his citizens. For example, it

3672-633: Is considered part of the compilation of Constitutions) until 1716, when Philip V of Spain gave the Nueva Planta decrees , finishing with the historical laws of Catalonia . These Constitutions were usually made formally as a royal initiative, but required for its approval or repeal the favorable vote of the Catalan Courts , the medieval antecedent of the modern Parliaments. These laws, like other modern constitutions, had preeminence over other laws, and they could not be contradicted by mere decrees or edicts of

3808-438: 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

3944-453: Is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich. After that, many governments ruled by special codes of written laws. The oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur (c. 2050 BC). Some of the better-known ancient law codes are the code of Lipit-Ishtar of Isin , the code of Hammurabi of Babylonia ,

4080-526: 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

4216-492: Is the oldest active codified constitution. The historical life expectancy of a constitution since 1789 is approximately 19 years. The term constitution comes through French from the Latin word constitutio , used for regulations and orders, such as the imperial enactments ( constitutiones principis : edicta, mandata, decreta, rescripta). Later, the term was widely used in canon law for an important determination, especially

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4352-613: Is traditionally regarded as the Pax Romana ("Roman Peace"). The cohesion of the empire was furthered by a degree of social stability and economic prosperity that Rome had never before experienced. Uprisings in the provinces were infrequent and put down "mercilessly and swiftly". The success of Augustus in establishing principles of dynastic succession was limited by his outliving a number of talented potential heirs. The Julio-Claudian dynasty lasted for four more emperors— Tiberius , Caligula , Claudius , and Nero —before it yielded in 69 AD to

4488-590: The Battle of Actium in 31 BC. In 27 BC the Senate gave him the title Augustus ("venerated") and made him princeps ("foremost") with proconsular imperium , thus beginning the Principate , the first epoch of Roman imperial history. Although the republic stood in name, Augustus had all meaningful authority. During his 40-year rule, a new constitutional order emerged so that, upon his death, Tiberius would succeed him as

4624-563: The Byzantine emperors ' Novellae (most were taken from Justinian 's Novellae). The Nomocanon was a completely new compilation of civil and canonical regulations, taken from Byzantine sources but completed and reformed by St. Sava to function properly in Serbia. Besides decrees that organized the life of the church, there are various norms regarding civil life; most of these were taken from Prohiron. Legal transplants of Roman - Byzantine law became

4760-470: The Dominate . The emperor was the ultimate authority in policy- and decision-making, but in the early Principate, he was expected to be accessible and deal personally with official business and petitions. A bureaucracy formed around him only gradually. The Julio-Claudian emperors relied on an informal body of advisors that included not only senators and equestrians, but trusted slaves and freedmen. After Nero,

4896-716: The Grandees of the New Model Army had presented the Heads of Proposals as their alternative to the more radical Agreement of the People presented by the Agitators and their civilian supporters at the Putney Debates . The Instrument of Government was adopted by Parliament on 15 December 1653, and Oliver Cromwell was installed as Lord Protector on the following day. The constitution set up

5032-529: The Hittite code , the Assyrian code , and Mosaic law . In 621 BC, a scribe named Draco codified the oral laws of the city-state of Athens ; this code prescribed the death penalty for many offenses (thus creating the modern term "draconian" for very strict rules). In 594 BC, Solon , the ruler of Athens, created the new Solonian Constitution . It eased the burden of the workers, and determined that membership of

5168-501: The House of Commons . The Nomocanon of Saint Sava ( Serbian : Законоправило/Zakonopravilo ) was the first Serbian constitution from 1219. St. Sava's Nomocanon was the compilation of civil law , based on Roman Law , and canon law , based on Ecumenical Councils . Its basic purpose was to organize the functioning of the young Serbian kingdom and the Serbian church . Saint Sava began

5304-565: The Humble Petition and Advice , proposed by Sir Christopher Packe . The Petition offered hereditary monarchy to Oliver Cromwell , asserted Parliament 's control over issuing new taxation , provided an independent council to advise the king and safeguarded "Triennial" meetings of Parliament. A modified version of the Humble Petition with the clause on kingship removed was ratified on 25 May. This finally met its demise in conjunction with

5440-666: The Huns of Attila , led to the decline of the Western Roman Empire . With the fall of Ravenna to the Germanic Herulians and the deposition of Romulus Augustus in 476 by Odoacer , the Western Empire finally collapsed. The Eastern Roman Empire survived for another millennium with Constantinople as its sole capital, until the city's fall in 1453. Due to the Empire's extent and endurance, its institutions and culture had

5576-633: The Instrument of Government included elements incorporated from an earlier document " Heads of Proposals ", which had been agreed to by the Army Council in 1647, as a set of propositions intended to be a basis for a constitutional settlement after King Charles I was defeated in the First English Civil War . Charles had rejected the propositions, but before the start of the Second Civil War,

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5712-533: The Italian Renaissance . Rome's architectural tradition served as the basis for Romanesque , Renaissance and Neoclassical architecture , influencing Islamic architecture . The rediscovery of classical science and technology (which formed the basis for Islamic science ) in medieval Europe contributed to the Scientific Renaissance and Scientific Revolution . Many modern legal systems, such as

5848-696: The Lord High Chancellor of Sweden Axel Oxenstierna after the death of king Gustavus Adolphus . This can be seen as the first written constitution adopted by a modern state. In 1639, the Colony of Connecticut adopted the Fundamental Orders , which was the first North American constitution. It is the basis for every new Connecticut constitution since, and is also the reason for Connecticut 's nickname, "the Constitution State ". On 4 January 1649,

5984-615: The Mediterranean and beyond. However, it was severely destabilised by civil wars and political conflicts , which culminated in the victory of Octavian over Mark Antony and Cleopatra at the Battle of Actium in 31 BC, and the subsequent conquest of the Ptolemaic Kingdom in Egypt. In 27 BC, the Roman Senate granted Octavian overarching military power ( imperium ) and

6120-454: The Myanmar 2008 Constitution was being secretly drafted for more than 17 years, whereas at the other extreme, during the drafting of Japan 's 1946 Constitution, the bureaucrats drafted everything in no more than a week. Japan has the oldest unamended constitution in the world. The record for the shortest overall process of drafting, adoption, and ratification of a national constitution belongs to

6256-691: The Napoleonic Code , descend from Roman law. Rome's republican institutions have influenced the Italian city-state republics of the medieval period, the early United States , and modern democratic republics . Rome had begun expanding shortly after the founding of the Roman Republic in the 6th century BC, though not outside the Italian Peninsula until the 3rd century BC. Thus, it was an "empire" (a great power) long before it had an emperor. The Republic

6392-466: The Nile Valley in Egypt. The empire completely circled the Mediterranean  ... referred to by its conquerors as mare nostrum —'our sea'. Trajan's successor Hadrian adopted a policy of maintaining rather than expanding the empire. Borders ( fines ) were marked, and the frontiers ( limites ) patrolled. The most heavily fortified borders were the most unstable. Hadrian's Wall , which separated

6528-495: The Pax Romana ( lit.   ' Roman Peace ' ). Rome reached its greatest territorial extent under Trajan ( r.  98–117 AD ), but a period of increasing trouble and decline began under Commodus ( r.  180–192 ). In the 3rd century, the Empire underwent a 49-year crisis that threatened its existence due to civil war, plagues and barbarian invasions . The Gallic and Palmyrene empires broke away from

6664-518: The Romania 's 1938 constitution, which installed a royal dictatorship in less than a month. Studies showed that typically extreme cases where the constitution-making process either takes too long or is extremely short were non-democracies. In principle, constitutional rights are not a specific characteristic of democratic countries. Autocratic states have constitutions, such as that of North Korea , which officially grants every citizen, among other things,

6800-601: The Rump Parliament declared "that the people are, under God, the original of all just power; that the Commons of England, being chosen by and representing the people, have the supreme power in this nation". The English Protectorate set up by Oliver Cromwell after the English Civil War promulgated the first detailed written constitution adopted by a modern state; it was called the Instrument of Government . This formed

6936-1033: The Salic Law of the Franks , all written soon after 500. In 506, the Breviarum or "Lex Romana" of Alaric II , king of the Visigoths, adopted and consolidated the Codex Theodosianus together with assorted earlier Roman laws. Systems that appeared somewhat later include the Edictum Rothari of the Lombards (643), the Lex Visigothorum (654), the Lex Alamannorum (730), and the Lex Frisionum (c. 785). These continental codes were all composed in Latin, while Anglo-Saxon

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7072-590: The Servile Wars of the Republic, legislation under Augustus and his successors shows a driving concern for controlling the threat of rebellions through limiting the size of work groups, and for hunting down fugitive slaves. Over time slaves gained increased legal protection, including the right to file complaints against their masters. A bill of sale might contain a clause stipulating that the slave could not be employed for prostitution, as prostitutes in ancient Rome were often slaves. The burgeoning trade in eunuchs in

7208-776: The Statuti Comunali (Town Statute) of 1300, itself influenced by the Codex Justinianus , and it remains in force today. In 1392 the Carta de Logu was legal code of the Giudicato of Arborea promulgated by the giudicessa Eleanor . It was in force in Sardinia until it was superseded by the code of Charles Felix in April 1827. The Carta was a work of great importance in Sardinian history. It

7344-401: The code of Manu . Many of the Germanic peoples that filled the power vacuum left by the Western Roman Empire in the Early Middle Ages codified their laws. One of the first of these Germanic law codes to be written was the Visigothic Code of Euric (471 AD). This was followed by the Lex Burgundionum , applying separate codes for Germans and for Romans; the Pactus Alamannorum ; and

7480-417: The freedom of expression . However, the extent to which governments abide by their own constitutional provisions varies. In North Korea, for example, the Ten Principles for the Establishment of a Monolithic Ideological System are said to have eclipsed the constitution in importance as a frame of government in practice. Developing a legal and political tradition of strict adherence to constitutional provisions

7616-418: 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

7752-449: The 600-member body by appointment. A senator's son belonged to the ordo senatorius , but he had to qualify on his own merits for admission to the Senate. A senator could be removed for violating moral standards. In the time of Nero, senators were still primarily from Italy , with some from the Iberian peninsula and southern France; men from the Greek-speaking provinces of the East began to be added under Vespasian. The first senator from

7888-400: The 6th and 7th centuries with the disintegration of the complex Imperial economy. Laws pertaining to slavery were "extremely intricate". Slaves were considered property and had no legal personhood . They could be subjected to forms of corporal punishment not normally exercised on citizens, sexual exploitation , torture, and summary execution . A slave could not as a matter of law be raped;

8024-401: The Augustan programme to restore traditional morality and social order, moral legislation attempted to regulate conduct as a means of promoting " family values ". Adultery was criminalized, and defined broadly as an illicit sex act ( stuprum ) between a male citizen and a married woman, or between a married woman and any man other than her husband. That is, a double standard was in place:

8160-409: The Empire was engulfed by the Crisis of the Third Century , a period of invasions , civil strife , economic disorder , and plague . In defining historical epochs , this crisis sometimes marks the transition from Classical to Late Antiquity . Aurelian ( r.  270–275 ) stabilised the empire militarily and Diocletian reorganised and restored much of it in 285. Diocletian's reign brought

8296-499: The Middle East. The Latin phrase imperium sine fine ("empire without end" ) expressed the ideology that neither time nor space limited the Empire. In Virgil 's Aeneid , limitless empire is said to be granted to the Romans by Jupiter . This claim of universal dominion was renewed when the Empire came under Christian rule in the 4th century. In addition to annexing large regions, the Romans directly altered their geography, for example cutting down entire forests . Roman expansion

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8432-402: The Rhine and Danube. Roman jurists also show a concern for local languages such as Punic , Gaulish , and Aramaic in assuring the correct understanding of laws and oaths. In Africa , Libyco-Berber and Punic were used in inscriptions into the 2nd century. In Syria , Palmyrene soldiers used their dialect of Aramaic for inscriptions, an exception to the rule that Latin was the language of

8568-501: The Roman Republic ) while greatly extending its power beyond Italy. In 44 BC Julius Caesar was briefly perpetual dictator before being assassinated by a faction that opposed his concentration of power. This faction was driven from Rome and defeated at the Battle of Philippi in 42 BC by Mark Antony and Caesar's adopted son Octavian . Antony and Octavian divided the Roman world between them, but this did not last long. Octavian's forces defeated those of Mark Antony and Cleopatra at

8704-430: The Roman legal concept of imperium , meaning "command" (typically in a military sense). Occasionally, successful consuls or generals were given the honorary title imperator (commander); this is the origin of the word emperor , since this title was always bestowed to the early emperors. Rome suffered a long series of internal conflicts, conspiracies, and civil wars from the late second century BC (see Crisis of

8840-448: The Roman world from what was perceived as an ever-present barbarian threat, is the primary surviving monument of this effort. Latin and Greek were the main languages of the Empire, but the Empire was deliberately multilingual. Andrew Wallace-Hadrill says "The main desire of the Roman government was to make itself understood". At the start of the Empire, knowledge of Greek was useful to pass as educated nobility and knowledge of Latin

8976-459: The Socialist Republic of Croatia . Since 1992, the area of the former province has been split between Republika Srpska and Federation of Bosnia and Herzegovina within independent Bosnia and Herzegovina . 44°26′27″N 17°11′44″E  /  44.44083°N 17.19556°E  / 44.44083; 17.19556 Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute

9112-438: 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

9248-456: The United States, have remained in force for several centuries, often without major revision for long periods of time. The most common reasons for these frequent changes are the political desire for an immediate outcome and the short time devoted to the constitutional drafting process. A study in 2009 showed that the average time taken to draft a constitution is around 16 months, however there were also some extreme cases registered. For example,

9384-411: The Wise the Grand Prince of Kiev , was granted to Great Novgorod around 1017, and in 1054 was incorporated into the Russkaya Pravda ; it became the law for all of Kievan Rus' . It survived only in later editions of the 15th century. In England, Henry I's proclamation of the Charter of Liberties in 1100 bound the king for the first time in his treatment of the clergy and the nobility. This idea

9520-449: The account of his achievements ( Res Gestae ) prominently featured the geographical cataloguing of the Empire. Geography alongside meticulous written records were central concerns of Roman Imperial administration . The Empire reached its largest expanse under Trajan ( r.  98–117 ), encompassing 5 million km . The traditional population estimate of 55–60 million inhabitants accounted for between one-sixth and one-fourth of

9656-477: The basis of government for the short-lived republic from 1653 to 1657 by providing a legal rationale for the increasing power of Cromwell after Parliament consistently failed to govern effectively. Most of the concepts and ideas embedded into modern constitutional theory, especially bicameralism , separation of powers , the written constitution, and judicial review , can be traced back to the experiments of that period. Drafted by Major-General John Lambert in 1653,

9792-628: The basis of the Serbian medieval law. The essence of Zakonopravilo was based on Corpus Iuris Civilis . Stefan Dušan , emperor of Serbs and Greeks, enacted Dušan's Code ( Serbian : Душанов Законик/Dušanov Zakonik ) in Serbia , in two state congresses: in 1349 in Skopje and in 1354 in Serres . It regulated all social spheres, so it was the second Serbian constitution, after St. Sava's Nomocanon (Zakonopravilo). The Code

9928-470: The basis of universal consensus of all chiefs following discussions that were initiated by a single nation. The position of Sachem descends through families and are allocated by the senior female clan heads, though, prior to the filling of the position, candidacy is ultimately democratically decided by the community itself. In 1634 the Kingdom of Sweden adopted the 1634 Instrument of Government , drawn up under

10064-418: The collapse of the Empire's west. The dominance of Latin and Greek among the literate elite obscure the continuity of other spoken languages within the Empire. Latin, referred to in its spoken form as Vulgar Latin , gradually replaced Celtic and Italic languages . References to interpreters indicate the continuing use of local languages, particularly in Egypt with Coptic , and in military settings along

10200-482: The conditions of martyrdom . The three major elements of the Imperial state were the central government, the military, and the provincial government. The military established control of a territory through war, but after a city or people was brought under treaty, the mission turned to policing: protecting Roman citizens, agricultural fields, and religious sites. The Romans lacked sufficient manpower or resources to rule through force alone. Cooperation with local elites

10336-441: The consciousness of rationality so far as that consciousness is developed in a particular nation." Since 1789, along with the Constitution of the United States of America (U.S. Constitution), which is the oldest and shortest written constitution still in force, close to 800 constitutions have been adopted and subsequently amended around the world by independent states. In the late 18th century, Thomas Jefferson predicted that

10472-685: The death of Cromwell and the Restoration of the monarchy. All of the British colonies in North America that were to become the 13 original United States, adopted their own constitutions in 1776 and 1777, during the American Revolution (and before the later Articles of Confederation and United States Constitution ), with the exceptions of Massachusetts, Connecticut and Rhode Island. The Commonwealth of Massachusetts adopted its Constitution in 1780,

10608-481: The deceased emperor's deification. The dominance of the emperor was based on the consolidation of powers from several republican offices. The emperor made himself the central religious authority as pontifex maximus , and centralized the right to declare war, ratify treaties, and negotiate with foreign leaders. While these functions were clearly defined during the Principate , the emperor's powers over time became less constitutional and more monarchical, culminating in

10744-497: The descent "from a kingdom of gold to one of rust and iron", a comment which has led some historians, notably Edward Gibbon , to take Commodus' reign as the beginning of the Empire's decline . In 212, during the reign of Caracalla , Roman citizenship was granted to all freeborn inhabitants of the empire. The Severan dynasty was tumultuous; an emperor's reign was ended routinely by his murder or execution and, following its collapse,

10880-543: The document focuses more on social morality than on institutions of government, and remains a notable early attempt at a government constitution. The Constitution of Medina ( Arabic : صحیفة المدینه , Ṣaḥīfat al-Madīna), also known as the Charter of Medina, was drafted by the Islamic prophet Muhammad after his flight ( hijra ) to Yathrib where he became political leader. It constituted a formal agreement between Muhammad and all of

11016-516: The easternmost province, Cappadocia , was admitted under Marcus Aurelius. By the Severan dynasty (193–235), Italians made up less than half the Senate. During the 3rd century, domicile at Rome became impractical, and inscriptions attest to senators who were active in politics and munificence in their homeland ( patria ). Senators were the traditional governing class who rose through the cursus honorum ,

11152-505: The empire's most concerted effort against the perceived threat of Christianity , the " Great Persecution ". Diocletian divided the empire into four regions, each ruled by a separate tetrarch . Confident that he fixed the disorder plaguing Rome, he abdicated along with his co-emperor, but the Tetrarchy collapsed shortly after . Order was eventually restored by Constantine the Great , who became

11288-506: The empire. This legal egalitarianism required a far-reaching revision of existing laws that distinguished between citizens and non-citizens. Freeborn Roman women were considered citizens, but did not vote, hold political office, or serve in the military. A mother's citizen status determined that of her children, as indicated by the phrase ex duobus civibus Romanis natos ("children born of two Roman citizens"). A Roman woman kept her own family name ( nomen ) for life. Children most often took

11424-609: The end of the Western Roman Empire in 476, when Romulus Augustulus was forced to abdicate to the Germanic warlord Odoacer . Odoacer ended the Western Empire by declaring Zeno sole emperor and placing himself as Zeno's nominal subordinate. In reality, Italy was ruled by Odoacer alone. The Eastern Roman Empire, called the Byzantine Empire by later historians, continued until the reign of Constantine XI Palaiologos ,

11560-498: The exploitation of slaves. Outside Italy, slaves were on average an estimated 10 to 20% of the population, sparse in Roman Egypt but more concentrated in some Greek areas. Expanding Roman ownership of arable land and industries affected preexisting practices of slavery in the provinces. Although slavery has often been regarded as waning in the 3rd and 4th centuries, it remained an integral part of Roman society until gradually ceasing in

11696-457: The father's name, with some exceptions. Women could own property, enter contracts, and engage in business. Inscriptions throughout the Empire honour women as benefactors in funding public works, an indication they could hold considerable fortunes. The archaic manus marriage in which the woman was subject to her husband's authority was largely abandoned by the Imperial era, and a married woman retained ownership of any property she brought into

11832-562: The first emperor to convert to Christianity , and who established Constantinople as the new capital of the Eastern Empire. During the decades of the Constantinian and Valentinian dynasties, the empire was divided along an east–west axis, with dual power centres in Constantinople and Rome. Julian , who under the influence of his adviser Mardonius attempted to restore Classical Roman and Hellenistic religion , only briefly interrupted

11968-799: The fold of one community – the Ummah . The precise dating of the Constitution of Medina remains debated, but generally, scholars agree it was written shortly after the Hijra (622). In Wales , the Cyfraith Hywel (Law of Hywel) was codified by Hywel Dda c. 942–950. It served as the main law code in Wales until it was superseded by the Laws in Wales Acts 1535 and 1542 . The Pravda Yaroslava , originally combined by Yaroslav

12104-456: The functioning of cities that in the later Empire, as the ranks of the town councils became depleted, those who had risen to the Senate were encouraged to return to their hometowns, in an effort to sustain civic life. In the later Empire, the dignitas ("worth, esteem") that attended on senatorial or equestrian rank was refined further with titles such as vir illustris ("illustrious man"). The appellation clarissimus (Greek lamprotatos )

12240-664: The historian Christopher Kelly described it: Then the empire stretched from Hadrian's Wall in drizzle-soaked northern England to the sun-baked banks of the Euphrates in Syria; from the great Rhine – Danube river system, which snaked across the fertile, flat lands of Europe from the Low Countries to the Black Sea , to the rich plains of the North African coast and the luxuriant gash of

12376-456: The judicial power above that of the legislature, which would be subversive of all government". Generally, every modern written constitution confers specific powers on an organization or institutional entity, established upon the primary condition that it abides by the constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain[s] institutionalized mechanisms of power control for

12512-572: The king. The Kouroukan Founga was a 13th-century charter of the Mali Empire in West Africa , reconstructed from oral tradition in 1988 by Siriman Kouyaté . It included the "right to life and to the preservation of physical integrity" and significant protections for women. The Golden Bull of 1356 was a decree issued by a Reichstag in Nuremberg headed by Emperor Charles IV that fixed, for

12648-515: The last Roman emperor. He died in battle in 1453 against Mehmed II and his Ottoman forces during the siege of Constantinople . Mehmed II adopted the title of caesar in an attempt to claim a connection to the former Empire. His claim was soon recognized by the Patriarchate of Constantinople , but not by most European monarchs. The Roman Empire was one of the largest in history, with contiguous territories throughout Europe, North Africa, and

12784-588: The late 1st century prompted legislation that prohibited the castration of a slave against his will "for lust or gain". Roman slavery was not based on race . Generally, slaves in Italy were indigenous Italians, with a minority of foreigners (including both slaves and freedmen) estimated at 5% of the total in the capital at its peak, where their number was largest. Foreign slaves had higher mortality and lower birth rates than natives, and were sometimes even subjected to mass expulsions. The average recorded age at death for

12920-402: The legal judgement of his peers, or by the law of the land. This provision became the cornerstone of English liberty after that point. The social contract in the original case was between the king and the nobility but was gradually extended to all of the people. It led to the system of Constitutional Monarchy , with further reforms shifting the balance of power from the monarchy and nobility to

13056-726: The legislative, executive, and judiciary branches, well before the publication of Montesquieu's Spirit of the Laws . This Constitution also limited the executive authority of the hetman , and established a democratically elected Cossack parliament called the General Council. However, Orlyk's project for an independent Ukrainian State never materialized, and his constitution, written in exile, never went into effect. Corsican Constitutions of 1755 and 1794 were inspired by Jean-Jacques Rousseau . The latter introduced universal suffrage for property owners. Roman Empire The Roman Empire

13192-486: The marriage. Technically she remained under her father's legal authority, even though she moved into her husband's home, but when her father died she became legally emancipated. This arrangement was a factor in the degree of independence Roman women enjoyed compared to many other cultures up to the modern period: although she had to answer to her father in legal matters, she was free of his direct scrutiny in daily life, and her husband had no legal power over her. Although it

13328-416: The members of the three higher "orders", along with certain military officers. The granting of universal citizenship in 212 seems to have increased the competitive urge among the upper classes to have their superiority affirmed, particularly within the justice system. Sentencing depended on the judgment of the presiding official as to the relative "worth" ( dignitas ) of the defendant: an honestior could pay

13464-719: The military. The last reference to Gaulish was between 560 and 575. The emergent Gallo-Romance languages would then be shaped by Gaulish. Proto-Basque or Aquitanian evolved with Latin loan words to modern Basque . The Thracian language , as were several now-extinct languages in Anatolia, are attested in Imperial-era inscriptions. The Empire was remarkably multicultural, with "astonishing cohesive capacity" to create shared identity while encompassing diverse peoples. Public monuments and communal spaces open to all—such as forums , amphitheatres , racetracks and baths —helped foster

13600-444: The new de facto monarch. As Roman provinces were being established throughout the Mediterranean, Italy maintained a special status which made it domina provinciarum ("ruler of the provinces"), and – especially in relation to the first centuries of imperial stability – rectrix mundi ("governor of the world") and omnium terrarum parens ("parent of all lands"). The 200 years that began with Augustus's rule

13736-407: The new title of Augustus , marking his accession as the first Roman emperor . The vast Roman territories were organized into senatorial provinces, governed by proconsuls who were appointed by lot annually, and imperial provinces, which belonged to the emperor but were governed by legates . The first two centuries of the Empire saw a period of unprecedented stability and prosperity known as

13872-601: The oldest still-functioning constitution of any U.S. state; while Connecticut and Rhode Island officially continued to operate under their old colonial charters, until they adopted their first state constitutions in 1818 and 1843, respectively. What is sometimes called the "enlightened constitution" model was developed by philosophers of the Age of Enlightenment such as Thomas Hobbes , Jean-Jacques Rousseau , and John Locke . The model proposed that constitutional governments should be stable, adaptable, accountable, open and should represent

14008-535: The people (i.e., support democracy ). Agreements and Constitutions of Laws and Freedoms of the Zaporizian Host was written in 1710 by Pylyp Orlyk , hetman of the Zaporozhian Host . It was written to establish a free Zaporozhian-Ukrainian Republic , with the support of Charles XII of Sweden . It is notable in that it established a democratic standard for the separation of powers in government between

14144-412: The political career track, but equestrians often possessed greater wealth and political power. Membership in the equestrian order was based on property; in Rome's early days, equites or knights had been distinguished by their ability to serve as mounted warriors, but cavalry service was a separate function in the Empire. A census valuation of 400,000 sesterces and three generations of free birth qualified

14280-507: The poor were other sources. Vernae , by contrast, were "homegrown" slaves born to female slaves within the household, estate or farm. Although they had no special legal status, an owner who mistreated or failed to care for his vernae faced social disapproval, as they were considered part of the family household and in some cases might actually be the children of free males in the family. Rome differed from Greek city-states in allowing freed slaves to become citizens; any future children of

14416-403: The protection of the interests and liberties of the citizenry , including those that may be in the minority ". Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power" (or, in Latin, intra vires ); if they do not, they are termed "beyond power" (or, in Latin, ultra vires ). For example,

14552-676: The reign of Zara Yaqob . Even so, its first recorded use in the function of a constitution (supreme law of the land) is with Sarsa Dengel beginning in 1563. The Fetha Negest remained the supreme law in Ethiopia until 1931, when a modern-style Constitution was first granted by Emperor Haile Selassie I. In the Principality of Catalonia , the Catalan constitutions were promulgated by the Court from 1283 (or even two centuries before, if Usatges of Barcelona

14688-541: The ruling class was to be based on wealth ( plutocracy ), rather than on birth ( aristocracy ). Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in 508 BC. Aristotle (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalism , and attempting to classify different forms of constitutional government. The most basic definition he used to describe

14824-400: The same meaning; as do "beyond power", ultra vires , "not authorized" and "invalid". In most but not all modern states the constitution has supremacy over ordinary statutory law (see Uncodified constitution below); in such states when an official act is unconstitutional, i.e. it is not a power granted to the government by the constitution, that act is null and void , and the nullification

14960-580: The significant tribes and families of Yathrib (later known as Medina ), including Muslims , Jews , and pagans . The document was drawn up with the explicit concern of bringing to an end the bitter intertribal fighting between the clans of the Aws ( Aus ) and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina bringing them within

15096-528: The slaves of the city of Rome was seventeen and a half years (17.2 for males; 17.9 for females). During the period of republican expansionism when slavery had become pervasive, war captives were a main source of slaves. The range of ethnicities among slaves to some extent reflected that of the armies Rome defeated in war, and the conquest of Greece brought a number of highly skilled and educated slaves. Slaves were also traded in markets and sometimes sold by pirates . Infant abandonment and self-enslavement among

15232-636: The state and a series of short-lived emperors led the Empire, which was later reunified under Aurelian ( r.  270–275 ). The civil wars ended with the victory of Diocletian ( r.  284–305 ), who set up two different imperial courts in the Greek East and Latin West . Constantine the Great ( r.  306–337 ), the first Christian emperor , moved the imperial seat from Rome to Byzantium in 330, and renamed it Constantinople . The Migration Period , involving large invasions by Germanic peoples and by

15368-522: The strife-torn Year of the Four Emperors , from which Vespasian emerged as the victor. Vespasian became the founder of the brief Flavian dynasty , followed by the Nerva–Antonine dynasty which produced the " Five Good Emperors ": Nerva , Trajan , Hadrian , Antoninus Pius , and Marcus Aurelius . In the view of contemporary Greek historian Cassius Dio , the accession of Commodus in 180 marked

15504-461: The succession of Christian emperors. Theodosius I , the last emperor to rule over both East and West, died in 395 after making Christianity the state religion . The Western Roman Empire began to disintegrate in the early 5th century. The Romans fought off all invaders, most famously Attila , but the empire had assimilated so many Germanic peoples of dubious loyalty to Rome that the empire started to dismember itself. Most chronologies place

15640-598: The supreme law used in parts of Germany as late as 1900. Around 1240, the Coptic Egyptian Christian writer, 'Abul Fada'il Ibn al-'Assal , wrote the Fetha Negest in Arabic . 'Ibn al-Assal took his laws partly from apostolic writings and Mosaic law and partly from the former Byzantine codes. There are a few historical records claiming that this law code was translated into Ge'ez and entered Ethiopia around 1450 in

15776-562: The time of Nero , however, it was not unusual to find a former slave who was richer than a freeborn citizen, or an equestrian who exercised greater power than a senator. The blurring of the Republic's more rigid hierarchies led to increased social mobility , both upward and downward, to a greater extent than all other well-documented ancient societies. Women, freedmen, and slaves had opportunities to profit and exercise influence in ways previously less available to them. Social life, particularly for those whose personal resources were limited,

15912-631: The work on the Serbian Nomocanon in 1208 while he was at Mount Athos , using The Nomocanon in Fourteen Titles , Synopsis of Stefan the Efesian , Nomocanon of John Scholasticus , and Ecumenical Council documents, which he modified with the canonical commentaries of Aristinos and Joannes Zonaras , local church meetings, rules of the Holy Fathers , the law of Moses , the translation of Prohiron, and

16048-411: The world's total population and made it the most populous unified political entity in the West until the mid-19th century. Recent demographic studies have argued for a population peak from 70 million to more than 100 million . Each of the three largest cities in the Empire – Rome, Alexandria , and Antioch – was almost twice the size of any European city at the beginning of the 17th century. As

16184-461: Was a mixed system including monarchic, aristocratic, and democratic elements. He also distinguished between citizens, who had the right to participate in the state, and non-citizens and slaves, who did not. The Romans initially codified their constitution in 450 BC as the Twelve Tables . They operated under a series of laws that were added from time to time, but Roman law was not reorganized into

16320-442: Was a point of pride to be a "one-man woman" ( univira ) who had married only once, there was little stigma attached to divorce , nor to speedy remarriage after being widowed or divorced. Girls had equal inheritance rights with boys if their father died without leaving a will. A mother's right to own and dispose of property, including setting the terms of her will, gave her enormous influence over her sons into adulthood. As part of

16456-628: Was an organic, coherent, and systematic work of legislation encompassing the civil and penal law . The Gayanashagowa , the oral constitution of the Haudenosaunee nation also known as the Great Law of Peace, established a system of governance as far back as 1190 AD (though perhaps more recently at 1451) in which the Sachems , or tribal chiefs, of the Iroquois League's member nations made decisions on

16592-580: Was based on Roman - Byzantine law . The legal transplanting within articles 171 and 172 of Dušan's Code, which regulated juridical independence, is notable. They were taken from the Byzantine code Basilika (book VII, 1, 16–17). In 1222, Hungarian King Andrew II issued the Golden Bull of 1222 . Between 1220 and 1230, a Saxon administrator, Eike von Repgow , composed the Sachsenspiegel , which became

16728-593: Was detached and made a part of the newly formed Banovina of Croatia . In 1941, the World War II Axis Powers occupied Vrbas Banovina and the province was abolished and attached to the Independent State of Croatia . Following World War II, most of the region became part of the Socialist Republic of Bosnia and Herzegovina within a federal Socialist Yugoslavia . A Dvor district became part of

16864-612: Was extended and refined by the English barony when they forced King John to sign Magna Carta in 1215. The most important single article of Magna Carta, related to " habeas corpus ", provided that the king was not permitted to imprison, outlaw, exile or kill anyone at a whim – there must be due process of law first. This article, Article 39, of Magna Carta read: No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by

17000-513: Was further defined by their citizenship. Most citizens held limited rights (such as the ius Latinum , "Latin right"), but were entitled to legal protections and privileges not enjoyed by non-citizens. Free people not considered citizens, but living within the Roman world, were peregrini , non-Romans. In 212, the Constitutio Antoniniana extended citizenship to all freeborn inhabitants of

17136-466: Was further fostered by a proliferation of voluntary associations and confraternities ( collegia and sodalitates ): professional and trade guilds, veterans' groups, religious sodalities, drinking and dining clubs, performing troupes, and burial societies . According to the jurist Gaius , the essential distinction in the Roman " law of persons " was that all humans were either free ( liberi ) or slaves ( servi ). The legal status of free persons

17272-589: Was mostly accomplished under the Republic , though parts of northern Europe were conquered in the 1st century, when Roman control in Europe, Africa, and Asia was strengthened. Under Augustus , a "global map of the known world" was displayed for the first time in public at Rome, coinciding with the creation of the most comprehensive political geography that survives from antiquity, the Geography of Strabo . When Augustus died,

17408-671: Was necessary to maintain order, collect information, and extract revenue. The Romans often exploited internal political divisions. Communities with demonstrated loyalty to Rome retained their own laws, could collect their own taxes locally, and in exceptional cases were exempt from Roman taxation. Legal privileges and relative independence incentivized compliance. Roman government was thus limited , but efficient in its use of available resources. The Imperial cult of ancient Rome identified emperors and some members of their families with divinely sanctioned authority ( auctoritas ). The rite of apotheosis (also called consecratio ) signified

17544-416: Was never a legal requirement for Latin in the Empire, but it represented a certain status. High standards of Latin, Latinitas , started with the advent of Latin literature. Due to the flexible language policy of the Empire, a natural competition of language emerged that spurred Latinitas , to defend Latin against the stronger cultural influence of Greek. Over time Latin usage was used to project power and

17680-445: Was not a nation-state in the modern sense, but a network of self-ruled towns (with varying degrees of independence from the Senate ) and provinces administered by military commanders. It was governed by annually elected magistrates ( Roman consuls above all) in conjunction with the Senate. The 1st century BC was a time of political and military upheaval, which ultimately led to rule by emperors. The consuls' military power rested in

17816-404: Was not allowed or legitimate. In such a case, only that application may be ruled unconstitutional. Historically, the remedies for such violations have been petitions for common law writs , such as quo warranto . Scholars debate whether a constitution must necessarily be autochthonous , resulting from the nations "spirit". Hegel said "A constitution...is the work of centuries; it is the idea,

17952-426: Was not itself an elected office in ancient Rome; an individual gained admission to the Senate after he had been elected to and served at least one term as an executive magistrate . A senator also had to meet a minimum property requirement of 1 million sestertii . Not all men who qualified for the ordo senatorius chose to take a Senate seat, which required legal domicile at Rome. Emperors often filled vacancies in

18088-485: Was the era of Roman civilisation lasting from 27 BC to 476 AD. Rome ruled the Mediterranean and much of Europe, Western Asia and North Africa. The Romans conquered most of this during the Republic , and it was ruled by emperors following Octavian 's assumption of effective sole rule in 27 BC. The western empire collapsed in 476 AD, but the eastern empire lasted until the fall of Constantinople in 1453. By 100 BC, Rome had expanded its rule to most of

18224-601: Was used for those of England, beginning with the Code of Æthelberht of Kent (602). Around 893, Alfred the Great combined this and two other earlier Saxon codes, with various Mosaic and Christian precepts, to produce the Doom book code of laws for England. Japan 's Seventeen-article constitution written in 604, reportedly by Prince Shōtoku , is an early example of a constitution in Asian political history. Influenced by Buddhist teachings,

18360-447: Was used to designate the dignitas of certain senators and their immediate family, including women. "Grades" of equestrian status proliferated. As the republican principle of citizens' equality under the law faded, the symbolic and social privileges of the upper classes led to an informal division of Roman society into those who had acquired greater honours ( honestiores ) and humbler folk ( humiliores ). In general, honestiores were

18496-476: Was useful for a career in the military, government, or law. Bilingual inscriptions indicate the everyday interpenetration of the two languages. Latin and Greek's mutual linguistic and cultural influence is a complex topic. Latin words incorporated into Greek were very common by the early imperial era, especially for military, administration, and trade and commerce matters. Greek grammar, literature, poetry and philosophy shaped Latin language and culture. There

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