Where did the first constitution come from? We will try to answer this question in this article. But first, let's look at the concept.
The Constitution in its modern meaning
The world's first constitution in the modern sense appeared in the United States. This concept is understood as the main code of laws that regulates the foundations of the state structure. This is not just a collection of legal acts - it is a fundamental legal framework on which everything else is built.
Ancient prototypes of constitutions
The most famous personalities who introduced the first experience of legal interaction between the state and ordinary citizens are Solon (the Athenian archon), the Roman king Servius Tullius, the Spartan Lycurgus. All of them created a set of laws by which society lived. For example, in Sparta, the positions of the Great Retra, which endowed the people with the highest power, were transmitted orally from generation to generation. The council was supposed to meet by the river and make decisions that were previously prepared in advance.
San Marino Law
The world's firstthe constitution was approved in the dwarf European state of San Marino. The basic law was adopted there in 1600, it was based on the city charter of the XIV century.
The unrecognized constitution of Philip Orlyk
The world's first constitution - Philip Orlyk's 1710 document. It was compiled in the city of Bender on 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 Orlyk and several foremen. However, it had no legal force. The world's first set 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 US Constitution
The Basic Law of the United States, passed on September 17, 1787 at the Philadelphia Council, is a constitution in the modern sense. 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 the legislative (Congress), the executive (President) and the judiciary (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 drafts of the basic law were discussed. In 1777, the Second Continental Congress passed the Articles of Confederation. This document defined the USA as a confederation, i.e. a unionseveral independent states with minimal powers of the central government. It was not yet the world's first constitution, but it was developed precisely on the basis of the Articles of Confederation.
The weakness of this document was that in any vote, each state was given the right to veto, that is, it could block any decision of the Congress of the Confederation. Such a rule did not allow making important decisions on key issues, in fact, the Congress was not viable.
In September 1786, deputies from 5 states met in Annapolis to amend the Articles of Confederation. However, representatives from other states either completely ignored the meeting or were unable to reach it. Deputies from 5 states asked the Council to convene all representatives in Philadelphia 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 partition of the Commonwe alth took place. In fact, large European predators have bitten off vast territories without any resistance.
The impending threat of the destruction of the state has intensified the internal political struggle in Poland. Two parties fought in the Sejm: patriotic (supporters of the reform) and old gentry (conservative).
October 6, 1788, the patriotic party took over. She changed the diet from ordinary to confederal. This meant that now decisions on it should be made by the majorityvotes, and no one had the right to veto.
The Patriot 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 a new constitution on May 3, 1791.
The People's Constitution of the Commonwe alth of 1791, although it did not abolish the liberties of the nobility, but approved broad democratic rights for the philistines: personal immunity, the right to own land, the right to be represented 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 the exploited people.
- General provisions.
- Organization of the new power system.
- 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 own sphere. The supreme body of power was the All-Russian Congress of Soviets of Workers', Soldiers', Peasants' and Cossacks' Deputies. Since it is very difficult to gather all the representatives, between these congresses its function was performed by the All-Russian Central Electoral Committee (VTsIK). Its secretary and members were elected by the Congress.
The Congress and the All-Russian Central Executive Committee had broad powers on issues of domestic and foreign policy: admission to the RSFSRnew republics, making a decision to withdraw from 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 current momentary tasks. These matters were de alt with by the government - the Council of People's Commissars (SNK). The Council of People's Commissars had the right to issue decrees, orders, instructions that were necessary to govern 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 being created in the country.
