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Alaric II
Alaric II, also known as Alarik, Alarich, and Alarico in Spanish and Portuguese or Alaricus in Latin (d. 507) succeeded his father Euric in 485 and became eighth king of the Visigoths. He established his capital at Aire-sur-l'Adour (Vicus Julii). His dominions included not only the whole of Hispania except its north-western corner but also Gallia Aquitania and the greater part of an as-yet undivided Gallia Narbonensis.
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Alfred the Great
Alfred the Great (, "elf counsel") (849 – 26 October 899) was King of Wessex from 871 to 899. Alfred is noted for his defence of the Anglo-Saxon kingdoms of southern England against the Vikings, becoming the only English monarch to be accorded the epithet "the Great". Alfred was the first King of the West Saxons to style himself "King of the Anglo-Saxons". Details of his life are described in a work by the Welsh scholar and bishop Asser. Alfred was a learned man who encouraged education and improved his kingdom's legal system and military structure. He is regarded as a saint by some Catholics, but has never been officially canonized. The Anglican Communion venerates him as a hero of the Christian Church, with a feast day of 26 October,sfn|Gross|1990|loc= and he may often be found depicted in stained glass in Church of England parish churches.
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Algernon Sidney
Algernon Sidney or Sydney (14 or 15 January 1623 – 7 December 1683) was an English politician, republican political theorist, colonel, and opponent of King Charles II of England, who became involved in a plot against the King and was executed for treason.
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Andrew II of Hungary
Andrew II the Jerosolimitan (Hungarian: Jeruzsálemi II András/Endre, Croatian: Andrija II. Arpadovic Slovak: Ondrej, Serbian: Андрија II) (c. 1177 – 21 September 1235) was King of Hungary (1205–1235). He was the younger son of King Béla III of Hungary, who invested him with the government of the Principality of Halych. However, the boyars of Halych rebelled against his rule and expelled the Hungarian troops. Following their father's death, Andrew continuously conspired against his brother, King Emeric of Hungary who had to grant him the government of Croatia and Dalmatia. When his brother and his infant son died, Andrew ascended the throne and started to grant royal domains to his partisans. He participated in the Fifth Crusade but he could not achieve any major military success. He was obliged to issue the Golden Bull confirming the privileges of the noblemen of Hungary and later he was also obliged to confirm the special privileges of the clergy. During his long reign, the central power and royal authority potentially weakened. He had several quarrels with his sons.
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Aristotle
Aristotle (, Aristotélēs) (384 BC – 322 BC) was a Greek philosopher, a student of Plato and teacher of Alexander the Great. His writings cover many subjects, including physics, metaphysics, poetry, theater, music, logic, rhetoric, politics, government, ethics, biology, and zoology. Together with Plato and Socrates (Plato's teacher), Aristotle is one of the most important founding figures in Western philosophy. Aristotle's writings were the first to create a comprehensive system of Western philosophy, encompassing morality and aesthetics, logic and science, politics and metaphysics.
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Basil I
Basil I, called the Macedonian (lang-el|, Basíleios hō Makedṓn; 830/835 – 29 August 886) was a Byzantine emperor of Armenian descent who reigned from 867 to 886. Born a simple peasant in Thrace, he rose in the imperial court, and usurped the imperial throne from Michael III. Despite his humble origins, he showed great ability in running the affairs of state, leading a revival of imperial power and to a renaissance of Byzantine art. He was perceived by the Byzantines as one of their greatest emperors, and the dynasty he founded, the Macedonian (), ruled over what is regarded as Byzantium's most glorious and prosperous era.
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Benjamin Franklin
Benjamin Franklin ( April 17, 1790) was one of the Founding Fathers of the United States. A noted polymath, Franklin was a leading author and printer, satirist, political theorist, politician, postmaster, scientist, inventor, civic activist, statesman, and diplomat. As a scientist, he was a major figure in the American Enlightenment and the history of physics for his discoveries and theories regarding electricity. He invented the lightning rod, bifocals, the Franklin stove, a carriage odometer, and the glass 'armonica'. He formed both the first public lending library in America and the first fire department in Pennsylvania.
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Buddhism
Buddhism (Pali/Sanskrit: बौद्ध धर्म Buddha Dharma) is a religion and philosophy encompassing a variety of traditions, beliefs and practices, largely based on teachings attributed to Siddhartha Gautama, commonly known as the Buddha (Pāli/Sanskrit "the awakened one"). The Buddha lived and taught in the northeastern Indian subcontinent some time between the 6th and 4th centuries BCE. He is recognized by adherents as an awakened teacher who shared his insights to help sentient beings end suffering (or dukkha), achieve nirvana, and escape what is seen as a cycle of suffering and rebirth.
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China
China is seen variously as an ancient civilization extending over a large area in East Asia, a nation and/or a multinational entity.
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Cicero
Marcus Tullius Cicero (; Classical Latin: ; January 3, 106 BC – December 7, 43 BC; sometimes anglicized as "Tully"), was a Roman philosopher, statesman, lawyer, political theorist, and Roman constitutionalist. He came from a wealthy municipal family of the equestrian order, and is widely considered one of Rome's greatest orators and prose stylists.
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Draco (lawgiver)
Draco (; from Greek , pronounced ) was the first legislator of ancient Athens, Greece, 7th century BC. He replaced the prevailing system of oral law and blood feud by a written code to be enforced only by a court. Because of its harshness, this code also gave rise to the term "draconian".
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Eike von Repgow
Eike von Repgow (Repchowe, Repichowe, Repkow) (* c. 1180; † c. 1235) from Repgow, now Reppichau in Saxony-Anhalt), was a medieval German administrator who compiled the Sachsenspiegel in the Thirteenth Century.
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Eleanor of Arborea
Eleanor (; 1347 – 1404) was the giudicessa ("judge") of Arborea from 1383 to her death. She was one of the last — and most powerful and significant — Sardinian judges; as well as the island's most renowned heroine.
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Erin McKean
Erin McKean (born 1971) is an American lexicographer. Erin is a founder and the CEO of the online dictionary Wordnik. She was previously the Principal Editor of The New Oxford American Dictionary, second edition.
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Ethelbert of Kent
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Euric
Euric, also known as Evaric, Erwig, or Eurico in Spanish and Portuguese (c. 415–484), Son of Theodoric I and the younger brother of Theodoric II and ruled as king of the Visigoths, with his capital at Toulouse, from 466 until his death in 484.
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Franks
The Franks ( or gens Francorum) were a West Germanic tribal confederation first attested in the third century as living north and east of the Lower Rhine River. From the third to fifth centuries some Franks raided Roman territory while other Franks joined the Roman troops in Gaul. Only the Salian Franks formed a kingdom on Roman-held soil that was acknowledged by the Romans after 357. In the climate of the collapse of imperial authority in the West, the Frankish tribes were united under the Merovingians and conquered all of Gaul except Septimania in the 6th century. The Salian political elite would be one of the most active forces in spreading Christianity over western Europe.
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Germanic tribal laws
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Giovanni Sartori
Giovanni Sartori (born May 13, 1924) is an important and acclaimed Italian political scientist specialized in the study of democracy and comparative politics.
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Haile Selassie
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Henry I of England
Henry I (c. 1068/1069 – 1 December 1135) was the fourth son of William I of England. He succeeded his elder brother William II as King of England in 1100 and defeated his eldest brother, Robert Curthose, to become Duke of Normandy in 1106. He was called Beauclerc for his scholarly interests and Lion of Justice for refinements which he brought about in the administrative and legislative machinery of the time.
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Hywel Dda
Hywel Dda (c. 880 – 950), (, sometimes anglicized to Howell the Good) was a well-thought-of king of Deheubarth in south-west Wales, who, using his cunning, eventually came to rule Wales from Prestatyn to Pembroke. As a descendant of Rhodri Mawr through his father Cadell, Hywel was a member of the Dinefwr branch of the dynasty and is also named Hywel ap Cadell. He was recorded as King of the Britons in the Annales Cambriae and the Annals of Ulster.
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Iroquois
The Iroquois (), also known as the Haudenosaunee or the "People of the Longhouse", are an association of several tribes of indigenous people of North America. After the Iroquoian-speaking peoples coalesced as distinct tribes, based mostly in present-day central and upstate New York, in the 16th century or earlier they came together in an association known today as the Iroquois League, or the "League of Peace and Power". The original Iroquois League was often known as the Five Nations, as it was composed of the Mohawk, Oneida, Onondaga, Cayuga, and Seneca nations. After the Tuscarora nation joined the League in 1722, the Iroquois became known as the Six Nations. The League is embodied in the Grand Council, an assembly of fifty hereditary sachems.
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Jack N. Rakove
Jack Norman Rakove (born June 4, 1947) is an American historian, author, professor at Stanford University, and Pulitzer Prize winner.
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Jan Matejko
Jan Matejko () (also known as Jan Mateyko; June 24, 1838, Free City of Kraków; - November 1, 1893, Kraków) was a Polish painter known for paintings of notable historical Polish political and military events. His most famous works include oil on canvas paintings like Battle of Grunwald, paintings of numerous other battles and court scenes, and a gallery of Polish kings. He is counted among the most famous Polish painters.
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Jew
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John Locke
John Locke (; 29 August 1632 – 28 October 1704), widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social contract theory. His work had a great impact upon the development of epistemology and political philosophy. His writings influenced Voltaire and Rousseau, many Scottish Enlightenment thinkers, as well as the American revolutionaries. His contributions to classical republicanism and liberal theory are reflected in the American Declaration of Independence.
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John Milton
John Milton (9 December 1608 – 8 November 1674) was an English poet, polemicist, and civil servant for the Commonwealth of England. He is best known for his epic poem Paradise Lost.
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John Scholasticus
John Scholasticus (died August 31, 577) was the 32nd patriarch of Constantinople from April 12, 565 until his death in 577. He is also regarded as a saint of the Eastern Orthodox Church.
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John Zonaras
Ioannes (John) Zonaras (lang-el|; fl. 12th century) was a Byzantine chronicler and theologian, who lived at Constantinople.
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Justinian
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Leo III the Isaurian
Leo III the Isaurian or the Syrian (Greek: Λέων Γ΄, Leōn III), (c. 685 – June 18 741) was Byzantine emperor from 717 until his death in 741. He put an end to a period of instability, successfully defended the empire against the invading Umayyads, and forbade the veneration of icons (see Iconoclasm).
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Lex Frisionum
Lex Frisionum, the "Law Code of the Frisians" was recorded in Latin during the reign of Charlemagne, after the year 785, when the Frankish conquest of Frisia was completed by the final defeat of the Frisian king Radboud. The law code covered the region of the Frisians. The Frisians were divided into four legal classes, to whom the law, or those transgressions of it that incurred set fines, applied. They were the nobles, the freemen, the serfs and slaves. The clergy are not mentioned in the Lex Frisionum' as they were not liable to civil law.
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Lipit-Ishtar
Lipit-Ishtar (Lipit-Eshtar), was the fifth ruler of the first dynasty of Isin, and ruled from around 1934 BCE to 1924 BCE. Some documents and royal inscriptions from his time have survived, but he is mostly known because Sumerian language hymns written in his honor, as well as a legal code written in his name (preceding the famed Code of Hammurabi by about 200 years), were used for school instruction for hundreds of years after his death. The annals of his reign record that he also repulsed the Amorites.
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Lombards
The Lombards (Latin Langobardi, whence the alternative names Langobards and Longobards) were a Germanic people originally from Northern Europe who settled in the valley of the Danube and from there invaded Byzantine Italy in 568 under the leadership of Alboin. They established a Lombard Kingdom, later named Kingdom of Italy, which lasted until 774, when it was conquered by the Franks. Their influence on Italian political geography is apparent in the regional appellation Lombardy.
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Lycurgus of Sparta
Lycurgus (Greek: , Lukoûrgos; 800 BC?–730 BC?) was the legendary lawgiver of Sparta, who established the military-oriented reformation of Spartan society in accordance with the Oracle of Apollo at Delphi. All his reforms were directed towards the three Spartan virtues: equality (among citizens), military fitness and austerity.
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Montesquieu
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Moses
Moses (, Modern Moshe Tiberian Mōšé; Greek: Mōüsēs in both the Septuagint and the New Testament; Arabic: , ) was, according to the Hebrew Bible, a religious leader, lawgiver, and prophet, to whom the authorship of the Torah is traditionally attributed. Also called Moshe Rabbenu in Hebrew (, Lit. "Moses our Teacher/Rabbi"), is the most important prophet in Judaism, and is also considered an important prophet by Christianity, Islam, the Bahá'í Faith, Rastafari, and many other faiths.
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Muhammad
Muhammad ibn ‘Abdullāh (; ; also spelled Muhammed or Mohammed) (ca. 570/571 Mecca[مَكَةَ ]/[ مَكَهْ ] – June 8, 632), was the founder of the religion of Islam, and is regarded by Muslims as a messenger and prophet of , the greatest law-bearer in a series of Islamic prophets, and, by most Muslims, the last prophet as taught by the . Muslims thus consider him the restorer of an uncorrupted original monotheistic faith (islām) of Adam, Noah, Abraham, Moses, Jesus and other prophets. He was also active as a diplomat, merchant, philosopher, orator, legislator, reformer, military general, and, according to Muslim belief, an agent of divine action. In Michael H. Hart's The 100: A Ranking of the Most Influential Persons in History, Muhammad is described as the most influential person in history. Hart asserted that Muhammad was "supremely successful" in both the religious and secular realms.
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Oliver Cromwell
Oliver Cromwell (25 April 1599 – 3 September 1658) was an English military and political leader best known in England for his involvement in making England into a republican Commonwealth and for his later role as Lord Protector of England, Scotland and Ireland. Events that occurred during his reign and his politics are a cause of animosity between Ireland and the UK.
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Orestes Brownson
Orestes Augustus Brownson (1803–1876) was a New England intellectual and activist, preacher, labor organizer, and noted Catholic convert and writer. Brownson was a publicist, a career which spanned his affiliation with the New England Transcendentalists, through his subsequent conversion to Roman Catholicism.
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Plato
:For other uses, see Plato (disambiguation) and Platon (disambiguation).
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Plutarch
Plutarch, born Plutarchos (Greek: Πλούταρχος) then, on his becoming a Roman citizen, Lucius Mestrius Plutarchus (Μέστριος Πλούταρχος), c. 46 – 120 AD, was a Greek historian, biographer, essayist, and Middle Platonist known primarily for his Parallel Lives and Moralia. He was born to a prominent family in Chaeronea, Boeotia, a town about twenty miles east of Delphi.
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Poles
The Polish people, or Poles ( , singular Polak) are the inhabitants of Poland and Polish emigrants irrespective of their ancestry. Their religion is predominantly Roman Catholic. As a nation, they are bounded by the Polish language, which belongs to the Lechitic subgroup of west slavic languages of Central Europe. A wide-ranging Polish diaspora exists throughout Western and Eastern Europe, the Americas and Australia. Polish citizens live predominantly in Poland.
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Polybius
Polybius (ca. 200–118 BC), Greek ) was a Greek historian of the Hellenistic Period noted for his book called The Histories covering in detail the period of 220–146 BC. He is also renowned for his ideas of political balance in government, which were later used in Montesquieu's The Spirit of the Laws and in the drafting of the United States Constitution.
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Prince Shotoku
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Pylyp Orlyk
Pylyp Stepanovych Orlyk () (born on October 11, 1672 in Kosuta, Ashmyany county, Vileyka Raion of modern day Belarus, died on May 26, 1742 in Iaşi in modern Romania) was a Zaporozhian Cossack starshyna, Hetman in exile, diplomat, secretary and close associate of Hetman Ivan Mazepa.
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Robert Filmer
Sir Robert Filmer (1588 – 26 May 1653) was an English political theorist who defended Divine rights absolute monarchy. His best known work, Patriarcha, published posthumously in 1680, was the target of John Locke in the first of his famous Two Treatises of Government, which announces that "The False Principles and Foundation of Sir Robert Filmer, And His Followers, are Detected and Overthrown."
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Roman Emperor
The Roman Emperor was the ruler of the Roman State during the imperial period (starting at about 27 BC). The Romans had no single term for the office: Latin titles such as imperator (from which English emperor ultimately derives), augustus, caesar and princeps were all associated with it. In practice, the emperor was supreme ruler of Rome and supreme commander of the Roman legions.
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Saint Sava
Saint Sava () (c. 1175 – 14 January 1235) was a Serbian nobleman and Orthodox monk, the first Archbishop of the autocephalous Serbian Orthodox Church, the originator of Serbian legislation and literature, the founder of the Monastery of Hilandar on Mount Athos, and a diplomat. He became a monk as a youth, receiving his monastic name Sava; his secular name was Rastko Nemanjić (Растко Немањић). He was the youngest son of Serbian ruler Stefan Nemanja and so member of the royal House of Nemanjić.
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Solon
Solon (ancient Greek: , c. 638 BC–558 BC) was an Athenian statesman, lawmaker, and poet. He is remembered particularly for his efforts to legislate against political, economic and moral decline in archaic Athens. His reforms failed in the short term yet he is often credited with having laid the foundations for Athenian democracy.
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Stefan Dušan
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Thomas Hobbes
Thomas Hobbes (5 April 1588 – 4 December 1679), in some older texts Thomas Hobbs of Malmsbury, was an English philosopher, remembered today for his work on political philosophy. His 1651 book Leviathan established the foundation for most of Western political philosophy from the perspective of social contract theory.
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Yaroslav the Wise
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{{Infobox country
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The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height it was the largest empire in history and, for over a century, was the foremost global power. By 1922 the British Empire held sway over about 458 million people, one-quarter of the world's population at the time, and covered more than 13 million square miles (34 million km2), almost a quarter of the Earth's total land area. As a result, its political, linguistic and cultural legacy is widespread. At the peak of its power, it was often said that "the sun never sets on the British Empire" because its span across the globe ensured that the sun was always shining on at least one of its numerous territories.
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Canada () is a country in North America, extending from the Atlantic Ocean in the east to the Pacific Ocean in the west and northward into the Arctic Ocean. It is the world's second largest country by total area. Canada's common border with the United States to the south and northwest is the longest in the world.
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Carthage ( or Karthago, , , Berber: ⴽⴰⵔⵜⴰⵊⴻⵏ Kartajen, kartago, from the Phoenician קַרְתְּ חַדַשְתְּ meaning New City, implying it was a 'new Tyre') refers to a series of cities on the Gulf of Tunis, from a Phoenician colony of the 1st millennium BCE to the current suburb outside Tunis, Tunisia.
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China is seen variously as an ancient civilization extending over a large area in East Asia, a nation and/or a multinational entity.
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Connecticut () (state code CT) is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and New York to the west and south (because various islands of New York span Connecticut's entire coast).
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Denmark (; , , archaic: ), officially the Kingdom of Denmark (Danish: ) together with Greenland and the Faroe Islands, is a Scandinavian country in Northern Europe. It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark borders both the Baltic and the North Sea. The country consists of a large peninsula, Jutland (Jylland) and many islands, most notably Zealand (Sjælland), Funen (Fyn), Vendsyssel-Thy (commonly considered a part of Jutland), Lolland, Falster and Bornholm, as well as hundreds of minor islands often referred to as the Danish Archipelago. Denmark has long controlled the approach to the Baltic Sea; before the digging of the Kiel Canal, water passage to the Baltic Sea was possible only through the three channels known as the "Danish straits".
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The Dutch Republic — officially known as the Republic of the Seven United Netherlands (Republiek der Zeven Verenigde Nederlanden), the Republic of the United Netherlands, or the Republic of the Seven United Provinces (Republiek der Zeven Verenigde Provinciën) — was a republic in Europe existing from 1581 to 1795, preceding the modern Kingdom of the Netherlands. Alternative names include United Provinces, Foederatae Belgii Provinciae (Federated Belgic Provinces), and Belgica Foederata (Belgic Federation).
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England () is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west and the North Sea to the east, with the English Channel to the south separating it from continental Europe. Most of England comprises the central and southern part of the island of Great Britain in the North Atlantic. The country also includes over 100 smaller islands such as the Isles of Scilly and the Isle of Wight.
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Germany (), officially the Federal Republic of Germany (, ), is a country in Western Europe. It is bordered to the north by the North Sea, Denmark, and the Baltic Sea; to the east by Poland and the Czech Republic; to the south by Austria and Switzerland; and to the west by France, Luxembourg, Belgium, and the Netherlands. The territory of Germany covers 357.021 km2 and is influenced by a temperate seasonal climate. With 81.8 million inhabitants, it is the most populous member state of the European Union, and home to the third-largest number of international migrants worldwide.
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Iraq ( or , Arabic: ), officially the Republic of Iraq (Arabic:
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Isin (modern Ishan al-Bahriyat, Al-Qādisiyyah Governorate, Iraq) was a ancient Near East city of lower Mesopotamia about 20 miles south of Nippur.
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Israel (, ''Yisrā'el; , Isrā'īl), officially the State of Israel (Hebrew: , Medīnat Yisrā'el; , Dawlat Isrā'īl''), is a parliamentary republic in the Middle East located on the eastern shore of the Mediterranean Sea. It borders Lebanon in the north, Syria in the northeast, Jordan and the West Bank in the east, Egypt and Gaza on the southwest, and contains geographically diverse features within its relatively small area. Israel is the world's only predominantly Jewish state, and is defined as A Jewish and Democratic State by the Israeli government.
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Italy (; ), officially the Italian Republic (), is a country located in south-central Europe. To the north it borders France, Switzerland, Austria and Slovenia along the Alps. To the south it consists of the entirety of the Italian Peninsula, Sicily, Sardinia — the two largest islands in the Mediterranean Sea — and many other smaller islands. The independent states of San Marino and the Vatican City are enclaves within Italy, whilst Campione d'Italia is an Italian exclave in Switzerland. The territory of Italy covers some and is influenced by a temperate seasonal climate. With 60.4 million inhabitants, it is the sixth most populous country in Europe, and the twenty-third most populous in the world.
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Japan (日本 Nihon or Nippon), officially the State of Japan ( or Nihon-koku), is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south. The characters that make up Japan's name mean "sun-origin" (because it lies to the east of nearby countries), which is why Japan is sometimes referred to as the "Land of the Rising Sun".
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Lagash (Sumerian: ; transliteration: Lagaški; cuneiform logogram: (literal signs: [NU11.BUR].LA-KI);
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The Commonwealth of Massachusetts () is a state in the New England region of the northeastern United States. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. Most of its population of 6.6 million lives in the Boston metropolitan area. The eastern half of the state consists of urban, suburban, and rural areas, while Western Massachusetts is mostly rural. Massachusetts is the most populous of the six New England states and ranks third among U.S. states in GDP per capita.
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Medina (; , , or المدينة ; also transliterated as Madinah; officially al-Madīnah al-Munawwarah (the radiant city)) is a city in the Hejaz region of western Saudi Arabia, and serves as the capital of the Al Madinah Province. It is the second holiest city in Islam, and the burial place of the Islamic Prophet Muhammad and it is historically significant for being his home after the Hijrah.
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The Ming Dynasty (; ), or Empire of the Great Ming (, also anachronistically ), was the ruling dynasty of China from 1368 to 1644, following the collapse of the Mongol-led Yuan Dynasty. The Ming, "one of the greatest eras of orderly government and social stability in human history", was the last dynasty in China ruled by ethnic Hans. Although the Ming capital Beijing fell in 1644 to a rebellion led by Li Zicheng who established the Shun Dynasty, which was soon replaced by the Manchu-led Qing Dynasty, regimes loyal to the Ming throne (collectively called the Southern Ming Dynasty) survived until 1662.
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Nipissing University is a public liberal arts university located in North Bay, Ontario, Canada, on a 720 acre (2.9 km²) site overlooking Lake Nipissing. The university's unique character is defined by its location in Northern Ontario, and a large and highly respected faculty of education.
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Northern Ireland (, Ulster Scots: Norlin Airlann) is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west. At the time of the 2001 UK Census, its population was 1,685,000, constituting about 30% of the island's total population and about 3% of the population of the United Kingdom.
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Norway (; Norwegian: (Bokmål) or (Nynorsk)), officially the Kingdom of Norway, is a Nordic country in Northern Europe occupying the western portion of the Scandinavian Peninsula, as well as Jan Mayen and the Arctic archipelago of Svalbard. Norway has a total area of and a population of about 4.8 million. It is one of the most sparsely populated countries in Europe. The majority of the country shares a border to the east with Sweden; its northernmost region is bordered by Finland to the south and Russia to the east; and Denmark lies south of its southern tip across the Skagerrak Strait. The capital city of Norway is Oslo. Norway's extensive coastline, facing the North Atlantic Ocean and the Barents Sea, is home to its famous fjords.
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Ireland (, , , ), described as the Republic of Ireland (), is a state in northwest Europe with a population of almost 4.5 million people. It is a parliamentary democratic constitutional republic occupying approximately five-sixths of the island of Ireland, which was partitioned into two jurisdictions in 1921. It is bordered to the northeast by Northern Ireland, which is a part of the United Kingdom, and is otherwise surrounded by the Atlantic Ocean, the Irish Sea to the east, St George's Channel to the southeast, and the Celtic Sea to the south.
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San Marino, officially the Most Serene Republic of San Marino ( ; ), is a country situated on the eastern side of the Apennine Mountains. It is an enclave, in Italy. Its size is just over with an estimated population of almost 30,000. Its capital is the City of San Marino. One of the European microstates, along with Liechtenstein, the Vatican, Monaco, Andorra, and Malta, San Marino has the smallest population of all the members of the Council of Europe.
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The Free State of Saxony ( ; ) is a state of Germany, located in the southeastern part of present-day Germany. It is the tenth-largest German state in area (18,413 km²) and the sixth largest in population (4.3 million), of Germany's sixteen states.
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Scotland (Scottish Gaelic: Alba) is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the southwest. In addition to the mainland, Scotland includes over 790 islands including the Northern Isles and the Hebrides.
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Serbia (pronounced: ), officially the Republic of Serbia (), is a landlocked country located at the crossroads of Central- and Southeastern Europe, covering the southern lowlands of the Carpathian basin and the central part of the Balkans. Serbia borders Hungary to the north; Romania and Bulgaria to the east; the Republic of Macedonia to the south; and Croatia, Bosnia and Herzegovina, and Montenegro to the west; its border with Albania is disputed. Serbia's capital city, Belgrade, is among the most populous in Southeastern Europe.
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Skopje (, ) is the capital and largest city of the Republic of Macedonia with about a third of the total population. It is the country's political, cultural, economic, and academic centre. It was known in the Roman period under the name Scupi.
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Spain ( ; , ), officially the Kingdom of Spain (), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula. Its mainland is bordered to the south and east by the Mediterranean Sea except for a small land boundary with the British Overseas Territory of Gibraltar; to the north by France, Andorra, and the Bay of Biscay; and to the northwest and west by the Atlantic Ocean and Portugal.
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The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university located in Stanford, California, United States. The university is located on an campus in northwestern Santa Clara Valley approximately southeast of San Francisco and approximately northwest of San Jose.
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Sweden (pronounced , ), officially the Kingdom of Sweden (Swedish: ), is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden has land borders with Norway to the west and Finland to the northeast, and water borders with Denmark, Germany, and Poland to the south, and Estonia, Latvia, Lithuania, and Russia to the east. Sweden is also connected to Denmark by a bridge-tunnel across the Öresund.
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Ukraine ( ; , transliterated: , ), with its area of 603,628 km2, is the second largest country in Eastern Europe. It is bordered by the Russian Federation to the east and northeast, Belarus to the northwest, Poland, Slovakia and Hungary to the west, Romania and Moldova to the southwest, and the Black Sea and Sea of Azov to the south and southeast respectively.
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The United Kingdom of Great Britain and Northern Ireland (commonly known as the United Kingdom, the UK, or Britain) is a country and sovereign state located off the northwestern coast of continental Europe. It is an island nation, spanning an archipelago including Great Britain, the northeastern part of the island of Ireland, and many smaller islands. Northern Ireland is the only part of the UK with a land border with another sovereign state, sharing it with the Republic of Ireland. Apart from this land border, the UK is surrounded by the Atlantic Ocean, the North Sea, the English Channel and the Irish Sea. Great Britain is linked to continental Europe by the Channel Tunnel.
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Ur (Sumerian:
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Wales ( ; pronounced ) is a country that is part of the United Kingdom, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has an estimated population of three million and is officially bilingual with the Welsh and English languages having equal status. The Welsh language is an important element of Welsh culture. Its decline has reversed over recent years, with Welsh speakers estimated to be around 20% of the population of Wales.
http://wn.com/Wales
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The Constitution
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Iran files complaint over purported US drone Al Jazeera
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A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single or set of legal documents, those documents may be said to comprise a written constitution.
Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution in that it would define how that organization is constituted. Within states, whether sovereign or federated, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially written constitutions, also act as limiters of state power by establishing lines which a state's rulers cannot cross such as fundamental rights.
The Constitution of India is the longest written constitution of any sovereign country in the world, containing 444 articles, 12 schedules and 94 amendments, with 117,369 words in its English language version, while the United States Constitution is the shortest written constitution, at 7 articles and 27 amendments.
Etymology
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 a decree issued by the Pope, now referred to as an apostolic constitution.
General features
Generally, every modern written constitution confers specific powers to an organization or institutional entity, established upon the primary condition that it abides by the said 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 the protection of the interests and liberties of the citizenry, including those that may be in the minority."The Latin term ultra vires describes activities of officials within an organization or polity that fall outside the constitutional or statutory authority of those officials. For example, 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 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 government in a federal state trying to legislate in an area exclusively enumerated to the federal government in the constitution, such as ratifying a treaty. Ultra vires gives a legal justification for the forced cessation of such action, which might be enforced by the people with the support of a decision of the judiciary, in a case of judicial review. A violation of rights by an official would be ultra vires because a (constitutional) right is a restriction on the powers of government, and therefore that official would be exercising powers he doesn't have.
In most but not all modern states the constitution has supremacy over ordinary statute 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 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 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 was not allowed or legitimate. In such a case, only the application may be ruled unconstitutional. Historically, the remedy for such violations have been petitions for common law writs, such as quo warranto.
History and development
Early constitutions
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 ca 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 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 (ca 2050 BC). Some of the better-known ancient law codes include the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code and Mosaic law.
Later constitutions
Athens
In 621 BC a scribe named Draco codified the cruel oral laws of the city-state of Athens; this code prescribed the death penalty for many offences (nowadays very severe rules are often called "Draconian"). 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 the ruling class was to be based on wealth (plutocracy), rather than by birth (aristocracy). Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in 508 BC.Aristotle (ca 350 BC) was one of the first in recorded history 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 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 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.
Rome
The Romans first 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 never reorganised into a single code until the Codex Theodosianus (AD 438); 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).
India
The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in Ancient India.
Germania
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). This was followed by the Lex Burgundionum, applying separate codes for Germans and for Romans; the Pactus Alamannorum; and 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 (ca 785). These continental codes were all composed in Latin, whilst Anglo-Saxon was used for those of England, beginning with the Code of Ethelbert of Kent (602). In ca. 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
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, the document focuses more on social morality than institutions of government per se and remains a notable early attempt at a government constitution.
Medina
The Constitution of Medina (, Ṣaḥīfat al-Madīna), also known as the Charter of Medina, was drafted by the Islamic prophet Muhammad. It constituted a formal agreement between Muhammad and all of 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 inter tribal 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 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). It effectively established the first Islamic state. The Constitution established: the security of the community, religious freedoms, the role of Medina as a haram or sacred place (barring all violence and weapons), the security of women, stable tribal relations within Medina, a tax system for supporting the community in time of conflict, parameters for exogenous political alliances, a system for granting protection of individuals, a judicial system for resolving disputes, and also regulated the paying of Blood money (the payment between families or tribes for the slaying of an individual in lieu of lex talionis).
Wales
In Wales, the Cyfraith Hywel was codified by Hywel Dda c. 942–950.
Rus
The Pravda Yaroslava, originally combined by Yaroslav the Wise the Grand Prince of Kiev, was granted to Great Novgorod around 1017, and in 1054 was incorporated into the Russkaya Pravda, that became the law for all of Kievan Rus. It survived only in later editions of the 15th century.
Iroquois
The Gayanashagowa, the oral constitution of the Iroquois nation also known as the Great Law of Peace, established a system of governance in which sachems (tribal chiefs) of the members of the Iroquois League made decisions on the basis of universal consensus of all chiefs following discussions that were initiated by a single tribe. The position of sachem descended through families, and were allocated by senior female relatives.Historians including Donald Grindle, Bruce Johansen and others believe that the Iroquois constitution provided inspiration for the United States Constitution and in 1988 was recognised by a resolution in Congress. The thesis is not considered credible. Stanford University historian Jack N. Rakove stated that "The voluminous records we have for the constitutional debates of the late 1780s contain no significant references to the Iroquois" and stated that there are ample European precedents to the democratic institutions of the United States. Francis Jennings noted that the statement made by Benjamin Franklin frequently quoted by proponents of the thesis does not support for this idea as it is advocating for a union against these "ignorant savages" and called the idea "absurd". Anthropologist Dean Snow stated that though Franklin's Albany Plan may have drawn some inspiration from the Iroquois League, there is little evidence that either the Plan or the Constitution drew substantially from this source and argues that "...such claims muddle and denigrate the subtle and remarkable features of Iroquois government. The two forms of government are distinctive and individually remarkable in conception."
England
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 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 the 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 the 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 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 the House of Commons.
Serbia
The Nomocanon of Saint Sava () was the first Serbian constitution from 1219. This legal act was well developed. St. Sava's Nomocanon was the compilation of Civil law, based on Roman Law and Canon law, based on Ecumenical Councils and its basic purpose was to organize functioning of the young Serbian kingdom and the Serbian church. Saint Sava began the work on the Serbian Nomocanon in 1208 while being at Mount Athos, using The Nomocanon in Fourteen Titles, Synopsis of Stefan the Efesian, Nomocanon of John Scholasticus, Ecumenical Councils' documents, which he modified with the canonical commentaries of Aristinos and John Zonaras, local church meetings, rules of the Holy Fathers, the law of Moses, translation of Prohiron and the Byzantine emperors' Novellae (most were taken from Justinian's Novellae). The Nomocanon was completely new compilation of civil and canonical regulations, taken from the Byzantine sources, but completed and reformed by St. Sava to function properly in Serbia. Beside decrees that organized the life of church, there are various norms regarding civil life, most of them were taken from Prohiron. Legal transplants of Roman-Byzantine law became the basis of the Serbian medieval law. The essence of Zakonopravilo was based on Corpus Iuris Civilis.
Hungary
In 1222, Hungarian King Andrew II issued the Golden Bull of 1222.
Saxony
Between 1220 and 1230, a Saxon administrator, Eike von Repgow, composed the Sachsenspiegel, which became the supreme law used in parts of Germany as late as 1900.
Mali Empire
In 1236, Sundiata Keita presented an oral constitution federating the Mali Empire, called the Kouroukan Fouga.
Ethiopia
Meanwhile, 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 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.
Serbia
Stefan Dušan, Emperor of Serbs and Greeks, enacted Dušan's Code () 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 was based on Roman-Byzantine law. The legal transplanting is notable with the articles 171 and 172 of Dušan's Code, which regulated the juridical independence. They were taken from the Byzantine code Basilika (book VII, 1, 16-17).
China
In China, the Hongwu Emperor created and refined a document he called Ancestral Injunctions (first published in 1375, revised twice more before his death in 1398). These rules served in a very real sense as a constitution for the Ming Dynasty for the next 250 years.
Sardinia
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 was an organic, coherent, and systematic work of legislation encompassing the civil and penal law.
Modern constitutions
The earliest written constitution still governing a sovereign nation today may be 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, judicial procedures and remedies. Written in 1600, the document was based upon the Statuti Comunali (Town Statute) of 1300, itself influenced by the Codex Justinianus, and it remains in force today.
In 1639, the Colony of Connecticut adopted the Fundamental Orders, which is considered the first North American constitution, and is the basis for every new Connecticut constitution since, and is also the reason for Connecticut's nickname, "the Constitution State". England had two short-lived written Constitutions during Cromwellian rule, known as the Instrument of Government (1653), and Humble Petition and Advice (1657).
Agreements and Constitutions of Laws and Freedoms of the Zaporizian Host can be acknowledged as the first European constitution in a modern sense. It was written in 1710 by Pylyp Orlyk, hetman of the Zaporozhian Host. This "Constitution of Pylyp Orlyk" (as it is widely known) 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 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.
Other examples of early European constitutions were the Corsican Constitution of 1755 and the Swedish Constitution of 1772.
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, 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.
Enlightenment constitutions
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 the people (i.e. support democracy).The United States Constitution, ratified June 21, 1788, was influenced by the British constitutional system and the political system of the United Provinces, plus the writings of Polybius, Locke, Montesquieu, and others. The document became a benchmark for republicanism and codified constitutions written thereafter.
Next were the Polish-Lithuanian Commonwealth Constitution of May 3, 1791, and the French Constitution of September 3, 1791.
The Spanish Constitution of 1812 served as a model for other liberal constitutions of several South-European and Latin American nations like Portuguese Constitution of 1822, constitutions of various Italian states during Carbonari revolts (i.e. in the Kingdom of the Two Sicilies), or Mexican Constitution of 1824. As a result of the Napoleonic Wars, the absolute monarchy of Denmark lost its personal possession of Norway to another absolute monarchy, Sweden. However the Norwegians managed to infuse a radically democratic and liberal constitution in 1814, adopting many facets from the American constitution and the revolutionary French ones; but maintaining a hereditary monarch limited by the constitution, like the Spanish one. The Serbian revolution initially led to a proclamation of a proto-constitution in 1811; the full-fledged Constitution of Serbia followed few decades later, in 1835.
Principles of constitutional design
After tribal people first began to live in cities and establish nations, many of these functioned according to unwritten customs, while some developed autocratic, even tyrannical monarchs, who ruled by decree, or mere personal whim. Such rule led some thinkers to take the position that what mattered was not the design of governmental institutions and operations, as much as the character of the rulers. This view can be seen in Plato, who called for rule by "philosopher-kings." Later writers, such as Aristotle, Cicero and Plutarch, would examine designs for government from a legal and historical standpoint.The Renaissance brought a series of political philosophers who wrote implied criticisms of the practices of monarchs and sought to identify principles of constitutional design that would be likely to yield more effective and just governance from their viewpoints. This began with revival of the Roman law of nations concept and its application to the relations among nations, and they sought to establish customary "laws of war and peace" to ameliorate wars and make them less likely. This led to considerations of what authority monarchs or other officials have and don't have, from where that authority derives, and the remedies for the abuse of such authority.
A seminal juncture in this line of discourse arose in England from the Civil War, the Cromwellian Protectorate, the writings of Thomas Hobbes, Samuel Rutherford, the Levellers, John Milton, and James Harrington, leading to the debate between Robert Filmer, arguing for the divine right of monarchs, on the one side, and on the other, Henry Neville, James Tyrrell, Algernon Sidney, and John Locke. What arose from the latter was a concept of government being erected on the foundations of first, a state of nature governed by natural laws, then a state of society, established by a social contract or compact, which bring underlying natural or social laws, before governments are formally established on them as foundations.
Along the way several writers examined how the design of government was important, even if the government were headed by a monarch. They also classified various historical examples of governmental designs, typically into democracies, aristocracies, or monarchies, and considered how just and effective each tended to be and why, and how the advantages of each might be obtained by combining elements of each into a more complex design that balanced competing tendencies. Some, such as Montesquieu, also examined how the functions of government, such as legislative, executive, and judicial, might appropriately be separated into branches. The prevailing theme among these writers was that the design of constitutions is not completely arbitrary or a matter of taste. They generally held that there are underlying principles of design that constrain all constitutions for every polity or organization. Each built on the ideas of those before concerning what those principles might be.
The later writings of Orestes Brownson would try to explain what constitutional designers were trying to do. According to Brownson there are, in a sense, three "constitutions" involved: The first the constitution of nature that includes all of what was called "natural law." The second is the constitution of society, an unwritten and commonly understood set of rules for the society formed by a social contract before it establishes a government, by which it establishes the third, a constitution of government. The second would include such elements as the making of decisions by public conventions called by public notice and conducted by established rules of procedure. Each constitution must be consistent with, and derive its authority from, the ones before it, as well as from a historical act of society formation or constitutional ratification. Brownson argued that a state is a society with effective dominion over a well-defined territory, that consent to a well-designed constitution of government arises from presence on that territory, and that it is possible for provisions of a written constitution of government to be "unconstitutional" if they are inconsistent with the constitutions of nature or society. Brownson argued that it is not ratification alone that makes a written constitution of government legitimate, but that it must also be competently designed and applied.
Other writers have argued that such considerations apply not only to all national constitutions of government, but also to the constitutions of private organizations, that it is not an accident that the constitutions that tend to satisfy their members contain certain elements, as a minimum, or that their provisions tend to become very similar as they are amended after experience with their use. Provisions that give rise to certain kinds of questions are seen to need additional provisions for how to resolve those questions, and provisions that offer no course of action may best be omitted and left to policy decisions. Provisions that conflict with what Brownson and others can discern are the underlying "constitutions" of nature and society tend to be difficult or impossible to execute, or to lead to unresolvable disputes.
Constitutional design has been treated as a kind of metagame in which play consists of finding the best design and provisions for a written constitution that will be the rules for the game of government, and that will be most likely to optimize a balance of the utilities of justice, liberty, and security. An example is the metagame Nomic.
Governmental constitutions
Most commonly, the term constitution refers to a set of rules and principles that define the nature and extent of government. Most constitutions seek to regulate the relationship between institutions of the state, in a basic sense the relationship between the executive, legislature and the judiciary, but also the relationship of institutions within those branches. For example, executive branches can be divided into a head of government, government departments/ministries, executive agencies and a civil service/bureaucracy. Most constitutions also attempt to define the relationship between individuals and the state, and to establish the broad rights of individual citizens. It is thus the most basic law of a territory from which all the other laws and rules are hierarchically derived; in some territories it is in fact called "Basic Law".
Key features
The following are features of democratic constitutions that have been identified by political scientists to exist, in one form or another, in virtually all national constitutions.
Codification
A fundamental classification is codification or lack of codification. A codified constitution is one that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, consisting of several different sources, which may be written or unwritten.
Codified constitution
Most states in the world have codified constitutions.Codified constitutions are often the product of some dramatic political change, such as a revolution. The process by which a country adopts a constitution is closely tied to the historical and political context driving this fundamental change. The legitimacy (and often the longevity) of codified constitutions has often been tied to the process by which they are initially adopted.
States that have codified constitutions normally give the constitution supremacy over ordinary statute law. That is, if there is any conflict between a legal statute and the codified constitution, all or part of the statute can be declared ultra vires by a court, and struck down as unconstitutional. In addition, exceptional procedures are often required to amend a constitution. These procedures may include: convocation of a special constituent assembly or constitutional convention, requiring a supermajority of legislators' votes, the consent of regional legislatures, a referendum process, and other procedures that make amending a constitution more difficult than passing a simple law.
Constitutions may also provide that their most basic principles can never be abolished, even by amendment. In case a formally valid amendment of a constitution infringes these principles protected against any amendment, it may constitute a so-called unconstitutional constitutional law.
Codified constitutions normally consist of a ceremonial preamble, which sets forth the goals of the state and the motivation for the constitution, and several articles containing the substantive provisions. The preamble, which is omitted in some constitutions, may contain a reference to God and/or to fundamental values of the state such as liberty, democracy or human rights.
Uncodified constitution
at least three states have uncodified constitutions: Israel, New Zealand, and the United Kingdom. Uncodified constitutions (also known as unwritten constitutions) are the product of an "evolution" of laws and conventions over centuries. By contrast to codified constitutions, in the Westminster tradition that originated in England, uncodified constitutions include written sources: e.g. constitutional statutes enacted by the Parliament (House of Commons Disqualification Act 1975, Northern Ireland Act 1998, Scotland Act 1998, Government of Wales Act 1998, European Communities Act 1972 and Human Rights Act 1998); and also unwritten sources: constitutional conventions, observation of precedents, royal prerogatives, custom and tradition, such as always holding the General Election on Thursdays; together these constitute the British constitutional law. In the days of the British Empire, the Judicial Committee of the Privy Council acted as the constitutional court for many of the British colonies such as Canada and Australia which had federal constitutions.Elements of constitutional law in states with uncodified constitutions can be entrenched; for example, sections of the Electoral Act 1993 of New Zealand relating to the maximum term of parliament and how elections are held require a three-quarter majority in the House of Representatives or a simple majority in a referendum to be amended or repealed.
Written versus unwritten / codified versus uncodified
The term written constitution is used to describe a constitution that is entirely written, which by definition includes every codified constitution; but not all constitutions based entirely on written documents are codified.Some constitutions are largely, but not wholly, codified. For example, in the Constitution of Australia, most of its fundamental political principles and regulations concerning the relationship between branches of government, and concerning the government and the individual are codified in a single document, the Constitution of the Commonwealth of Australia. However, the presence of statutes with constitutional significance, namely the Statute of Westminster, as adopted by the Commonwealth in the Statute of Westminster Adoption Act 1942, and the Australia Act 1986 means that Australia's constitution is not contained in a single constitutional document. The Constitution of Canada, which evolved from the British North America Acts until severed from nominal British control by the Canada Act 1982 (analogous to the Australia Act 1986), is a similar example. Canada's constitution consists of almost 30 different statutes
The terms written constitution and codified constitution are often used interchangeably, as are unwritten constitution and uncodified constitution, although this usage is technically inaccurate. Strictly speaking, unwritten constitution is never an accurate synonym for uncodified constitution, because all modern democratic constitutions mainly comprise written sources, even if they have no different legal status than ordinary statutes. Another, correct, term used is formal (or formal written) constitution, for example in the following context: "The United Kingdom has no formal [written] constitution" (which does not preclude a constitution based on documents but not codified).
Entrenchment
The presence or lack of entrenchment is a fundamental feature of constitutions. An entrenched constitution cannot be altered in any way by a legislature as part of its normal business concerning ordinary statutory laws, but can only be amended by a different and more onerous procedure. There may be a requirement for a special body to be set up, or the proportion of favourable votes of members of existing legislative bodies may be required to be higher to pass a constitutional amendment than for statutes. The entrenched clauses of a constitution can create different degrees of entrenchment, ranging from simply excluding constitutional amendment from the normal business of a legislature, to making certain amendments either more difficult than normal modifications, or forbidden under any circumstances.
Entrenchment is an inherent feature in most codified constitutions. A codified constitution will incorporate the rules which must be followed for the constitution itself to be changed.
The US constitution is an example of an entrenched constitution, and the UK constitution is an example of a constitution that is not entrenched (or codified). In some states the text of the constitution may be changed; in others the original text is not changed, and amendments are passed which add to and may override the original text and earlier amendments.
Procedures for constitutional amendment vary between states. In a nation with a federal system of government the approval of a majority of state or provincial legislatures may be required. Alternatively, a national referendum may be required. Details are to be found in the articles on the constitutions of the various nations and federal states in the world.
In constitutions that are not entrenched, no special procedure is required for modification. Lack of entrenchment is a characteristic of uncodified constitutions; the constitution is not recognised with any higher legal status than ordinary statutes. In the UK, for example laws which modify written or unwritten provisions of the constitution are passed on a simple majority in Parliament. No special "constitutional amendment" procedure is required. The principle of parliamentary sovereignty holds that no sovereign parliament may be bound by the acts of its predecessors; and there is no higher authority that can create law which binds Parliament. The sovereign is nominally the head of state with important powers, such as the power to declare war; the uncodified and unwritten constitution removes all these powers in practice.
In practice democratic governments do not use the lack of entrenchment of the constitution to impose the will of the government or abolish all civil rights, as they could in theory do, but the distinction between constitutional and other law is still somewhat arbitrary, usually following historical principles embodied in important past legislation. For example, several British Acts of Parliament such as the Bill of Rights, Human Rights Act and, prior to the creation of Parliament, Magna Carta are regarded as granting fundamental rights and principles which are treated as almost constitutional. Several rights that in another state might be guaranteed by constitution have indeed been abolished or modified by the British parliament in the early 21st century, including the unconditional right to trial by jury, the right to silence without prejudicial inference, permissible detention before a charge is made extended from 24 hours to 42 days, and the right not to be tried twice for the same offence.
Absolutely unmodifiable articles
The strongest level of entrenchment exists in those constitutions that state that some of their most fundamental principles are absolute, i.e. certain articles may not be amended under any circumstances. An amendment of a constitution that is made consistently with that constitution, except that it violates the absolute non-modifiability, can be called an unconstitutional constitutional law. Ultimately it is always possible for a constitution to be overthrown by internal or external force, for example, a revolution (perhaps claiming to be justified by the right to revolution) or invasion.An example of absolute unmodifiability is the German Federal Constitution. This states in Articles 1 and 20 that the state powers, which derive from the people, must protect human dignity on the basis of human rights, which are directly applicable law binding on all three branches of government, which is a democratic and social federal republic; that legislation must be according to the rule of law; and that the people have the right of resistance as a last resort against any attempt to abolish the constitutional order. Article 79, Section 3 states that these articles cannot be changed, even according to the methods of amendment defined elsewhere in the document.
Another example is the Constitution of Honduras, which has an article stating that the article itself and certain other articles cannot be changed in any circumstances. Article 374 of the Honduras Constitution asserts this unmodifiability, stating, "It is not possible to reform, in any case, the preceding article, the present article, the constitutional articles referring to the form of government, to the national territory, to the presidential period, the prohibition to serve again as President of the Republic, the citizen who has performed under any title in consequence of which she/he cannot be President of the Republic in the subsequent period." This unmodifiability article played an important role in the 2009 Honduran constitutional crisis.
Distribution of sovereignty
Constitutions also establish where sovereignty is located in the state. There are three basic types of distribution of sovereignty according to the degree of centralisation of power: unitary, federal, and confederal. The distinction is not absolute.
In a unitary state, sovereignty resides in the state itself, and the constitution determines this. The territory of the state may be divided into regions, but they are not sovereign and are subordinate to the state. In the UK, the constitutional doctrine of Parliamentary sovereignty dictates than sovereignty is ultimately contained at the centre. Some powers have been devolved to Northern Ireland, Scotland, and Wales (but not England). Some unitary states (Spain is an example) devolve more and more power to sub-national governments until the state functions in practice much like a federal state.
A federal state has a central structure with at most a small amount of territory mainly containing the institutions of the federal government, and several regions (called states, provinces, etc.) which comprise the territory of the whole state. Sovereignty is divided between the centre and the constituent regions. The constitutions of Canada and the United States establish federal states, with power divided between the federal government and the provinces or states. Each of the regions may in turn have its own constitution (of unitary nature).
A confederal state comprises again several regions, but the central structure has only limited coordinating power, and sovereignty is located in the regions. Confederal constitutions are rare, and there is often dispute to whether so-called "confederal" states are actually federal.
To some extent a group of states which do not constitute a federation as such may by treaties and accords give up parts of their sovereignty to a supranational entity. For example the countries comprising the European Union have agreed to abide by some Union-wide measures which restrict their absolute sovereignty in some ways, e.g., the use of the metric system of measurement instead of national units previously used.
Separation of powers
Constitutions usually explicitly divide power between various branches of government. The standard model, described by the Baron de Montesquieu, involves three branches of government: executive, legislative and judicial. Some constitutions include additional branches, such as an auditory branch. Constitutions vary extensively as to the degree of separation of powers between these branches.
Lines of accountability
In presidential and semi-presidential systems of government, department secretaries/ministers are accountable to the president, who has patronage powers to appoint and dismiss ministers. The president is accountable to the people in an election.In parliamentary systems, ministers are accountable to Parliament, but it is the prime minister who appoints and dismisses them. In turn the prime minister will resign if the government loses the confidence of the parliament (or a part of it). Confidence can be lost if the government loses a vote of no confidence or, depending on the country, loses a particularly important vote in parliament such as vote on the budget. When a government loses confidence it stays in office until a new government is formed; something which normally but not necessarily required the holding of a general election.
State of emergency
Many constitutions allow the declaration under exceptional circumstances of some form of state of emergency during which some rights and guarantees are suspended. This deliberate loophole can be and has been abused to allow a government to suppress dissent without regard for human rights—see the article on state of emergency.
Façade constitutions
Italian political theorist Giovanni Sartori noted the existence of national constitutions which are a façade for authoritarian sources of power. While such documents may express respect for human rights or establish an independent judiciary, they may be ignored when the government feels threatened, or never put into practice. An extreme example was the Constitution of the Soviet Union that on paper supported freedom of assembly and freedom of speech; however, citizens who transgressed unwritten limits were summarily imprisoned. The example demonstrates that the protections and benefits of a constitution are ultimately provided not through its written terms but through deference by government and society to its principles. A constitution may change from being real to a façade and back again as democratic and autocratic governments succeed each other.The constitution of the United States, being the first document of its type, necessarily had many unforeseen shortcomings which had to be patched through amendments, but has generally been honored and a powerful structure, and no dictatorship has been able to take hold; the constitution of Argentina written many years later in 1853 building on many years of experience of the US constitution was arguably a better document, but did not prevent a succession of dictatorial governments from ignoring it—a state of emergency was declared 52 times to bypass constitutional guarantees.
Constitutional courts
Constitutions are often, but by no means always, protected by a legal body whose job it is to interpret those constitutions and, where applicable, declare void executive and legislative acts which infringe the constitution. In some countries, such as Germany, this function is carried out by a dedicated constitutional court which performs this (and only this) function. In other countries, such as Ireland, the ordinary courts may perform this function in addition to their other responsibilities. While elsewhere, like in the United Kingdom, the concept of declaring an act to be unconstitutional does not exist.
A constitutional violation is an action or legislative act that is judged by a constitutional court to be contrary to the constitution, that is, unconstitutional. An example of constitutional violation by the executive could be a public office holder who acts outside the powers granted to that office by a constitution. An example of constitutional violation by the legislature is an attempt to pass a law that would contradict the constitution, without first going through the proper constitutional amendment process.
Some countries, mainly those with uncodified constitutions, have no such courts at all. For example the United Kingdom has traditionally operated under the principle of parliamentary sovereignty under which the laws passed by United Kingdom Parliament could not be questioned by the courts.
See also
Judicial philosophies of constitutional interpretation (note: generally specific to United States constitutional law)
References
External links
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