Constitutions of the World

542 Pages·2007·4.94 MB·English

by  Robert L. Maddex

constitutions
of the World
R O B E R T L . M A D D E X • T H I R D E D I T I O N
∞
A D I V I S I O N O F C O N G R E S S I O N A L Q U A R T E R L Y I N C .
W A S H I N G T O N , D . C .
constitutions
of the World
constitutions
of the World
R O B E R T L . M A D D E X • T H I R D E D I T I O N
∞
A D I V I S I O N O F C O N G R E S S I O N A L Q U A R T E R L Y I N C .
W A S H I N G T O N , D . C .
CQ Press
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Cover: Magna Carta (1215), handwritten in Latin and confirmed in 1297 with the seal of Edward I
of England. Photograph courtesy Staples & Charles Ltd.
Design and composition: Robert L.Wiser, Silver Spring, Maryland
∞ The paper used in this publication exceeds the requirements of the American National Standard
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Printed in the United States of America
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Library of Congress Cataloging-in-Publication Data (to come)
Maddex, Robert L.
Constitutions of the world / Robert L. Maddex
p. cm.
Includes bibliographical references and index.
ISBN 978-0-87289-556-0
1. Constitutions. 2. Constitutional history. I. Title.
K3157.E5M33 1995
342’.02—dc20 95-11374
[342.22] CIP
The Author
Robert L. Maddex is an attorney specializing in international law. He has served as chief coun-
sel of the Foreign Claims Settlement Commission of the United States and as an adviser on con-
stitutional issues to several nations. He is author of Encyclopedia of Sexual Behavior and the
Law, The U.S. Constitution A to Z, State Constitutions of the United States,and International
Encyclopedia of Human Rights,all published by CQ Press.
C O N T E N T S
vii Preface
ix Introduction
xvii Constitutions at a Glance
1 Afghanistan 128 East Timor 253 Latvia 372 Rwanda
5 Albania 132 Ecuador 257 Lebanon 377 Saudi Arabia
9 Algeria 137 Egypt 260 Liberia 380 Serbia
14 Angola 142 Estonia 263 Libya 384 Singapore
18 Argentina 146 Ethiopia 266 Lithuania 387 Slovakia
23 Armenia 150 Finland 270 Macedonia 391 Slovenia
27 Australia 154 France 274 Malaysia 395 South Africa
31 Austria 159 The Gambia 278 Mexico 400 South Korea
35 Azerbaijan 163 Georgia 282 Moldova 404 Spain
40 Bangladesh 168 Germany 286 Monaco 409 Sri Lanka
43 Belarus 173 Ghana 289 Mongolia 414 Sudan
48 Belgium 177 Greece 294 Montenegro 419 Sweden
52 Bhutan 182 Guatemala 298 Morocco 423 Switzerland
56 Bolivia 186 Guyana 302 Mozambique 427 Syria
61 Bosnia and 190 Haiti 306 Nepal 431 Taiwan
Herzegovina 194 Honduras 310 The Netherlands 435 Tajikistan
66 Brazil 198 Hungary 315 New Zealand 439 Tanzania
70 Bulgaria 202 Iceland 319 Nicaragua 443 Thailand
74 Cambodia 205 India 323 Nigeria 446 Tibet
78 Cameroon 209 Indonesia 327 North Korea 450 Tunisia
82 Canada 213 Iran 330 Norway 454 Turkey
87 Chad 217 Iraq 333 Pakistan 459 Uganda
92 Chile 222 Ireland 337 Panama 463 Ukraine
97 China 226 Israel 341 Paraguay 468 United Kingdom
102 Colombia 230 Italy 346 Peru 474 United States
106 Costa Rica 235 Japan 350 The Philippines 481 Uruguay
111 Croatia 239 Jordan 354 Poland 486 Venezuela
116 Cuba 242 Kenya 358 Portugal 490 Vietnam
120 Czech Republic 245 Kuwait 363 Romania 494 Zambia
124 Denmark 249 Laos 367 Russia 498 Zimbabwe
501 Glossary
505 Sources
510 Index

P R E FA C E
The best form ofgovernment,Aristotle suggested in The Politics,is the one “in which every
man,whoever he is,can act best and live happily.”Those who do so,he said,are destined to
attain a state of eudaimonia—beyond any individually enumerated pleasures.Today the
nations ofthe world have developed varied forms ofgovernment,most ofthem undergirded
with written or traditional constitutions.The ideals expressed so often and so unequivocally
in these constitutions,as Aristotle (384–322 b.c.) would no doubt agree,represent goals,not
accomplishments,and they are met to varying degrees in di∑erent countries at di∑erent
times.Yet,because no world or regional governments exist to raise the level ofpolitical orga-
nization beyond individual nation-states,national constitutions remain the highest form of
human organizational aspiration.
This new edition ofConstitutions ofthe Worldcontains twenty new entries,including the last
two members ofthe former Republic ofYugoslavia—Montenegro and Serbia,which severed
their ties in 2006 and became independent nation-states. The other new entries are
Afghanistan,Angola,Bhutan,Cameroon,East Timor (Timore-Leste),Estonia,The Gambia,
Guatemala,Guyana,Latvia,Lithuania,Macedonia,Moldova,Rwanda,Slovenia,Tajikistan,
Tunisia,and Uruguay.Countries whose constitutions have significantly changed since the last
edition,either as a result ofa new constitutional document or major revision ofan existing one,
include Iraq,Monaco,Nepal,Pakistan,Romania,Sudan,Tanzania,Thailand,and Zimbabwe.
In general,since the last edition,the majority of the countries covered still prefer the
presidential-style parliamentary form ofgovernment,which is based on the French repub-
lican model.The second most popular form is the presidential republic pioneered by the
United States.The governments ofChina,Cuba,North Korea,and Vietnam remain single-
party dictatorships,and Saudi Arabia remains an absolute monarchy.Some major changes,
however,include the restoration ofa revised constitution for Pakistan,a new constitution for
Iraq in the wake ofthe ouster ofSaddam Hussein,and an interim constitution with provi-
sions for a constitutional assembly to create a new permanent document,promulgated by
the ruling junta in Thailand.Moreover,in the last few years in Eastern Europe some coun-
tries have amended their constitutions in preparation for joining the European Union.
This book is organized alphabetically by country.Each chapter begins with a briefintro-
duction to the country,which is followed by a historical overview emphasizing legal and
constitutional development.Background information on indigenous populations and early
forms ofpolitical and social organization is included to show that historically the forms of
governing derived from Western Europe and the United States are not,in fact,unique and
can be compared with the self-organizing methods ofearlier people everywhere on earth.
Next,the country’s current constitution is presented,with comments on major items of
interest.The constitutional profile is arranged from a structural or functional point ofview:
first,the preamble or other introductory material;then,the parts or articles dealing with
fundamental rights;the structure ofthe government,generally the executive,legislative,and
judicial branches;and the amending process.(Many ofthe documents relied on are trans-
lations into English,and some translated works and transliterations offoreign words have
been standardized, such as the word shari’a, meaning Islamic law. Some typographical
vii
editing of translated materials was required for clarity and uniformity.) Each area is
described under a separate heading to facilitate comparisons among countries.
In addition to this basic formula,entries may provide comparisions with other nations
and describe the implementation ofconstitutional provisions in actual practice.Ifthe oper-
ation ofa country’s government deviates significantly from the provisions ofits constitu-
tion,such discrepancies may be noted.In the end,however,a description ofa constitution
is merely a snapshot in time—at any given moment formal and informal changes are taking
place in constitutions and constitutional processes all over the globe,altering the picture.
One indication ofthe growing interest in world constitutions is the increased availability
ofinformation about them on the Internet.A relatively expedient way to research a partic-
ular national constitution is to go to Google (www.google.com) and search for the “consti-
tution of(country).”No single authoritative site yet provides all ofthe constitutions ofthe
world in English and in o≈cial English translations.
While a well-crafted constitution may provide a basis for e≈cient and just governance,it
alone cannot ensure political stability or enforcement ofhuman rights.For each country,the
proper mix of traditional and democratic institutions, education, economic stability,
internal and external security,and,perhaps most important,the ability and motivation of
key political leaders is necessary for a constitution to be e∑ective.The current attempts at
“nation-building”by the United States and its allies in Afghanistan and Iraq are ample
proofofthe di≈culty ofimposing a new constitution and system ofgovernment on people
for whom the basic concepts ofWestern pluralistic democracy are still alien or viewed as a
threat by existing political power brokers.From the beginning ofdemocratic government in
ancient Greece,history makes it abundantly clear that democracy is not the “default”form
ofpolitical organization;it requires a high degree ofcitizen understanding and participation
to work well even under the best ofconditions.
In addition to the sta∑s ofembassies and the departments and ministries ofthe countries
included in Constitutions ofthe World,the following people deserve special appreciation for
their assistance:Robert L.Wiser,designer and compositor;for CQ Press,Doug Goldenberg-
Hart,acquiring editor,Joan Gossett,managing editor,Robin Surratt,project editor,and Kath-
leen Savory,copy editor;Lloyd N.Cutler ofWilmer,Cutler and Pickering and former legal
counsel to the president of the United States; A. E. Dick Howard,White Burkett Miller
Professor of Law and Public A∑airs,University ofVirginia School of Law;Phuong-Khanh
Nguyen,senior foreign law specialist,Library ofCongress;Herman Schwartz,professor oflaw,
Washington College ofLaw,the American University;and,for her dedication in making yet
another book out ofmany words,my wife,Diane Maddex,president ofArchetype Press.
viii
I N T R O D U C T I O N
“I invoke the genius of the constitution!”—William Pitt, Earl of Chatham, November 18, 1777
Since the world’s first modern,written national constitution was drafted for the United States
of America in 1787,an explosion of new technology and science has almost obscured the
equally astounding explosion ofconstitutions and constitutionalism throughout the world.In
fact,in many countries more people are directly a∑ected by the radical change in their rela-
tionship with those who govern them than they are by the trappings oftechnology and science
so pervasive in postindustrial societies.Farming in most of the Third World,for example,
continues today much as it did two thousand years ago,but farmers can go to the polls in many
ofthese countries and vote their opinion on the success or failure oftheir leaders.
Ofcourse,not all people in all the countries that have adopted modern constitutions can
exercise their fundamental human rights or enforce the popular sovereignty so grandiosely
declared in constitutional documents and politicians’speeches.But what is clearly evident
is the evolving desire in nearly all these nations to strive for a system of constitutional
government that meets these expectations.In 1787,except in the United States,Britain,and
perhaps a few other countries, the mere expectation of popular sovereignty, individual
rights,or checks and balances on the absolute power ofrulers was an absurd pipe dream,as
foolish then as planning a trip to the moon or watching a live sports event being played
halfway around the world.
But having a national constitution and truly appreciating its potential are two di∑erent
things.The average person may believe that constitutions—although highly desirable—
are to be read and understood only by a select few:people in government,lawyers,judges,
and scholars.Young people in countries with high rates ofliteracy and compulsory educa-
tion can often recite the lyrics to all the latest popular songs or the most trivial statistics
oftheir favorite sports heroes,yet they have almost no knowledge oftheir own country’s
constitution.
The underlying premise ofConstitutions ofthe Worldis that constitutions are important to
everyone—the constitution ofour own country,to be sure,but the constitutions ofother
countries as well.By coming to know the di∑erences and similarities in these supreme laws
that represent the aspirations ofpeople like us,we can better understand them and ourselves.
The global village predicted by Marshall McLuhan forty years ago has come to pass.The walls
ofmany nations are being breached by international business,communications,and travel,
and new regional configurations such as the European Union are emerging—configurations
primarily for economic rather than ideological or defensive purposes.How countries set
about organizing their governments is no longer a matter ofidle curiosity for the citizen of
the world.It is as important as knowing your next-door neighbors.
“Every country has its own constitution,”one Russian is alleged to have remarked in the nine- The Constitutions of Nations
teenth century;“ours is absolutism moderated by assassination” (quoted by George
Vernadsky in A History ofRussia,1961).According to “Junius,”a commentator on the British
constitution (reputedly Sir Phillip Francis,letter ofApril 24,1769),“The right ofelection is the
very essence ofthe constitution.”Whatever form the modern national constitution takes,its
primary goal should be to define limitations on those who rule at the highest level in a
ix