Recurring Constitutional Principles In Worldwide Constitutions.

The Precedent for the U.S. Constitution

The sources indicate that the U.S. Constitution itself is widely recognized as a precedent for other constitutions globally. The encyclopedia entry “Influence Of The American Constitution Abroad” highlights that the U.S. Constitution was the first single-document constitution and is the longest-lived. It further states that virtually every nation has come to accept the inevitability and value of having a constitution, using the U.S. Constitution as a fundamental point of reference. The encyclopedia entry explains that the U.S. Constitution, with its emphasis on popular sovereignty, separation of powers, checks and balances, and federalism, served as a model for numerous nations seeking to establish their own constitutional frameworks.

The sources do not name a specific document that served as a precedent for the U.S. Constitution. However, the encyclopedia entry mentions Thomas Hooker’s Fundamental Orders of Connecticut (1639) as the first document to create a state or governmental entity. It suggests that this document prefigured the state constitutions of Virginia and Pennsylvania, which, in turn, influenced the French Declaration of the Rights of Man. However, the entry emphasizes that the U.S. Constitution itself was the document that most significantly influenced foreign constitution-makers.

The written constitution is an American innovation. Its genesis can be traced to thomas hooker ‘ sfundamental orders of connecticut (1639) which was the first to create a state or governmental entity. This prefigured the state constitutions of Virginia and Pennsylvania, which

in turn influenced the French Declaration of the Rights of Man. The U.S. Constitution, however, was the document that influenced and continues to influence foreign constitution-makers. For since that date nationhood was to be achieved via a constitution.¹

The World Constitutions showcase a set of fundamental principles that form the bedrock of numerous governments across the globe:

Popular Sovereignty: Power from the People

The concept of popular sovereignty, the notion that a government’s legitimacy and authority stem from the consent of the people it governs, is a recurring theme throughout these World Constitutions.

The Australian Constitution states that matters can be referred to the Commonwealth Parliament by the Parliament or Parliaments of any state. This provision underscores that legislative power originates from the states and, by extension, the people residing within those states.
Brazil’s Constitution takes this principle a step further by granting indigenous peoples the right to self-determination and autonomy, recognizing their inherent right to shape their own systems of governance.

As discussed previously, the concept of popular sovereignty was a defining feature of the US Constitution. The encyclopedia entry² explains that the US Constitution was the first to formally articulate this principle, which has since been adopted by numerous other nations.

Separation of Powers and Checks and Balances: Preventing Power Consolidation

The principles of separation of powers and checks and balances are also prominent features in many World Constitutions. These principles aim to prevent any one branch of government from accumulating excessive power by dividing governmental authority and establishing mechanisms for each branch to constrain the power of the others.

Argentina’s Constitution provides an example by outlining distinct powers and responsibilities for each chamber of the legislature. This division of legislative authority ensures a balance of power within the legislative branch.
Brazil’s Constitution illustrates separation of powers within the judicial branch by assigning distinct powers to the Supreme Federal Tribunal, the Superior Tribunals, and the Tribunals of Justice.
The Mexican Constitution demonstrates checks and balances by empowering the President to reject appointments of Commissioners to the National Transparency Agency made by the Senate. This provision allows the President to limit the power of the Senate in this particular area of appointment.

As with popular sovereignty, the encyclopedia entry explains that the US Constitution was the first to formalize these concepts, which have since become hallmarks of democratic governance around the world.

Federalism: Sharing Power Between National and Subnational Governments

Several World Constitutions, including those of Argentina and Brazil, establish federal systems that divide powers and responsibilities between a central, national government and constituent political units, such as states or provinces.

The Argentine Constitution explicitly states that provinces retain all powers not delegated to the federal government and those expressly reserved by agreements made when they joined the republic.
The Brazilian Constitution outlines the powers specifically granted to the federal government, leaving other areas of governance to the states.

The concept of federalism is not universal, but it’s a prominent feature in many constitutional systems, reflecting the influence of the US model, as highlighted in the encyclopedia entry.

Protection of Fundamental Rights: Safeguarding Individual Liberties

The World Constitutions demonstrate a strong emphasis on protecting fundamental rights and freedoms as a core element of constitutional systems.

El Salvador’s Constitution guarantees the freedom to enter into contracts and to resolve civil or commercial disputes through compromise or arbitration.
The German Basic Law prioritizes those provisions in state constitutions that guarantee basic rights, signifying a commitment to upholding these rights at both the federal and state levels.
The Peruvian Constitution establishes specific mechanisms designed to protect constitutional rights. These mechanisms include the writ of habeas corpus to safeguard individual freedom from unlawful detention and the writ of amparo to protect other constitutional rights from infringement.
The Venezuelan Constitution includes a provision affirming that the Constitution remains in effect even if it ceases to be observed due to acts of force or if attempts are made to repeal it by means other than those outlined within it. This provision aims to shield the Constitution and its protections from illegal attempts to undermine it.

These examples illustrate the commitment of numerous nations to upholding fundamental rights. The encyclopedia entry suggests that the inclusion of these provisions is partly attributable to the influence of the US Bill of Rights, which serves as a model for guaranteeing individual liberties.

Rule of Law: Ensuring Equality and Accountability

The principle of the rule of law, the idea that all individuals and institutions are subject to and accountable to the law, emerges as another significant theme within the World Constitutions.

The Portuguese Constitution emphasizes that administrative bodies and agents are bound by the Constitution and must adhere to principles of equality, proportionality, justice, impartiality, and good faith when carrying out their duties.
The Zimbabwean Constitution asserts that customary international law forms part of Zimbabwean law unless it clashes with the Constitution or an Act of Parliament. This provision underscores that all laws, encompassing international law, hold binding authority.

These examples reflect a widespread dedication to establishing systems of governance where the law applies equally to everyone, regardless of position or status, and where no one is exempt from legal accountability.

Source Constitutions

Below is a list of the constitutions that were used to generate this article. The list was taken from reading this article: “Influence of the American Constitution Abroad .” Encyclopedia of the American Constitution. . Encyclopedia.com. (October 14, 2024). https://www.encyclopedia.com/politics/encyclopedias-almanacs-transcripts-and-maps/influence-american-constitution-abroad

Argentina’s Constitution of 1853, reinstated in 1983, with amendments through 1994.
Australia’s Constitution of 1901 with amendments through 1985.
Brazil’s Constitution of 1988 with amendments through 2017.
Canada’s Constitution of 1867 with amendments through 2011.
China (People’s Republic of)’s Constitution of 1982 with amendments through 2018.
El Salvador’s Constitution of 1983 with amendments through 2014.
Ethiopia’s Constitution of 1994.
France’s Constitution of 1958 with amendments through 2008.
Germany’s Constitution of 1949 with amendments through 2014.
Honduras’s Constitution of 1982 with amendments through 2013.
India’s Constitution of 1949 with amendments through 2016.
Liberia’s Constitution of 1986.
Mexico’s Constitution of 1917 with amendments through 2015.
Nigeria’s Constitution of 1999 with amendments through 2011.
Peru’s Constitution of 1993 with amendments through 2021.
Philippines’s Constitution of 1987.
Poland’s Constitution of 1997 with amendments through 2009.
Portugal’s Constitution of 1976 with amendments through 2005.
Viet Nam’s Constitution of 1992 with amendments through 2013.
Spain’s Constitution of 1978 with amendments through 2011.
Switzerland’s Constitution of 1999 with amendments through 2014.
Venezuela (Bolivarian Republic of)’s Constitution of 1999 with amendments through 2009.
Zimbabwe’s Constitution of 2013 with amendments through 2017.

“Influence of the American Constitution Abroad .” Encyclopedia of the American Constitution. . Encyclopedia.com. (October 14, 2024). https://www.encyclopedia.com/politics/encyclopedias-almanacs-transcripts-and-maps/influence-american-constitution-abroad ↩︎
et al. ↩︎