M I D A N M A S R

What is a Constitution?

Some

2300 B.C. 1790 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.”

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.

594 B.C.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.

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upon the Migration (Hijra) of the Prophet Muhammad—peace be upon him—to Medina and is considered the closest historical document to modern-day civil constitutions.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.).

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. © Midan Masr. All rights reserved. For re-publication or reuse please contact Midan Masr. www.midanmasr.com

M I D A N M A S R

What is a Constitution?

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.

Some

559–530 B.C.Persian King Kouroush (Cyrus)’s Charter of Human Rights is considered the oldest charter permitting religious freedom and

abolishing serfdom and slavery.

508 B.C.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.

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.

438 A.D.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.

604 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.

History

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