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In the case of countries, this term refers specifically to a national constitution defining the fundamental [[politics|political]] principles, and establishing the structure, procedures, [[power (sociology)|powers]] and [[duty|duties]], of a [[government]]. By limiting the government's own reach, most constitutions guarantee certain [[right]]s to the people. The term ''constitution'' can be applied to any overall [[law]] that defines the functioning of a government, including several historical constitutions that existed before the development of modern national constitutions.
 
Constitutions concern different kinds of [[political]] organizations. They are found extensively in regional government, at [[supranational]] (e.g., [[European Union]]), [[Federation|federal]] (e.g., [[United States Constitution]]), [[State (law)|state]] or provincial (e.g., the [[constitution of the Commonwealth of Massachusetts]] or the [[constitution of the State of New York]]), and [[administrative division|sub-national]] levels. They are also found in many political groups, such as [[political party|political parties]], [[pressure group]]s, and [[trade union]]s.
 
Non-political entities such as [[corporation]]s and [[voluntary association]]s, whether incorporated or not, may also have a [[Constitution (corporate)|constitution]]. The constitution of a legally incorporated entity is more usually styled as its [[Memorandum of association|memorandum]] and [[articles of association]] (U.S. [[Articles of Incorporation|incorporation]]).
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The term ''constitution'' comes from a [[Latin language|Latin]] term denoting an important law, usually one proclaimed by the Roman emperor (''"constitutiones principis"'': the edicta, mandata, decrera and rescripta)<ref>[http://books.google.co.uk/books?id=2MqfUsMiDbYC&pg=PA243&dq=%22constitutiones+principis%22 The historical and institutional context of Roman law, George Mousourakis, 2003, p. 243]</ref>. Later, the term was widely used in [[canon law]] for an important determination, especially by the [[Pope]], which are now referred to as ''[[apostolic constitution]]s.''
 
== عمومي بڼې ==
Generally, every constitution confers specific powers to an organization or institutional entity, established upon the primary condition that it abides by the said constitution's limitations.
 
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== مخينه او پرمختګ ==
=== Early legal codes ===
Excavations in modern-day [[Iraq]] by [[Ernest de Sarzec]] in 1877 found evidence of the earliest known code of justice, issued by the [[Sumer]]ian 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.
[[Fileدوتنه:Hammurabi.jpg|thumb|200px|Detail from [[Hammurabi]]'s [[stele]] shows him receiving the laws of [[Babylon]] from the seated [[sun deity]].]]
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 laws|Hittite code]], the [[Assyrian law|Assyrian code]] and [[613 Commandments|Mosaic law]].
 
=== Later constitutions ===
In 621 BC, a scribe named [[Draco (lawgiver)|Draco]] wrote the laws of the [[city-state]] of [[Athens]]; and being quite cruel, this code prescribed the [[death penalty]] for any offence. In 594 BC, [[Solon]], the ruler of Athens, created the new ''[[Solonian Constitution]]''. It eased the burden of the workers, however it made the ruling class to be determined by wealth ([[plutocracy]]), rather than by birth ([[aristocracy]]). [[Cleisthenes of Athens|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 (Aristotle)|Politics]]'', and ''[[Nicomachean Ethics]]'' he explores different constitutions of his day, including those of Athens, [[Lycurgus|Sparta]], and [[Carthage]]. He classified both what he regarded as good and 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 exclusive opportunity to participate in the state, and non-citizens and slaves who did not.
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The ''[[Edicts of Ashoka]]'' established constitutional principles for the [[3rd century BC]] [[Maurya Empire|Maurya]] king's rule in [[Ancient India]].
 
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 tribal laws|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 ''[[Lex Alamannorum|Pactus Alamannorum]]''; and the [[Salic Law]] of the [[Franks]], all written soon after 500. In 506, the ''[[Breviary of Alaric|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 language|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|''Doom Book'']] code of laws for England.
 
[[Japan]]'s ''[[Seventeen-article constitution]]'' written in 604, reportedly by [[Prince Shotoku|Prince Shōtoku]], is an early example of a constitution in Asian political history. Influenced by [[Buddhism|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. Another is the ''[[Constitution of Medina]]'', drafted by the prophet of [[Islam]], [[Muhammad]], in 622. It is said to be one of the earliest constitutions which guarantees basic rights to religions and adherents as well as reinforcing a judiciary process regarding the rules of warfare, tax and civil disputes.
 
In Wales, the [[Welsh law|''Cyfraith Hywel'']] was codified by [[Hywel Dda]] c. 942–950.
 
The ''Pravda Yaroslava'', originally combined by [[Yaroslav the Wise]] the [[List of Ukrainian rulers|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.
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''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.''
 
[[Fileدوتنه:Konstytucja 3 Maja.jpg|left|thumb|350px|''[[Constitution of May 3, 1791]]'' (painting by [[Jan Matejko]], 1891). [[Poles|Polish]] [[Stanisław August Poniatowski|King Stanisław August]] (left, in regal [[ermine]]-trimmed cloak), enters [[St. John's Cathedral]], where [[Sejm]] [[Chamber of Deputies|deputies]] will swear to uphold the new Constitution; in background, [[Warsaw's Royal Castle]], where the Constitution has just been adopted.]]
 
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 [[British House of Commons|House of Commons]].
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In 1236, [[Sundiata Keita]] presented an oral constitution federating the [[Mali Empire]], called the ''[[Kouroukan Fouga]]''.
 
Meanwhile, around 1240, the [[Copt]]ic Egyptian Christian writer, [['Abul Fada'il Ibn al-'Assal]], wrote the ''[[Fetha Negest]]'' in [[Arabic language|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 language|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 of Ethiopia|Constitution]] was first granted by Emperor [[Haile Selassie]] I.
 
[[Stefan Dušan]], Emperor of Serbs and Greeks, made and enforced [[Dušan's Code]] in [[Serbia]], in two state congresses: in 1349 in [[Skopje]] and in 1354 in [[Serres]].
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=== Modern constitutions ===
[[Fileدوتنه:Orlyk Constitution.jpg|thumb|upright|The Bendery Constitution by Hetman [[Pylyp Orlyk]]]]
 
The earliest written constitution still governing a sovereign nation today may be that of [[San Marino]]. The ''[[Constitution of San Marino|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.
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''[[Constitution of Pylyp Orlyk|Agreements and Constitutions of Laws and Freedoms of the Zaporizian Host]]'' can be acknowledged as the first European constitution in a modern sense.<ref>''[http://www.venice.coe.int/docs/1996/CDL-STD(1996)018-e.asp Pylyp Orlyk Constitution]'', European commission for democracy through law (Venice Commission) The Constitutional Heritage of Europe. Montpellier, 22–23 November 1996.</ref> 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 [[Ukraine|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 [[Massachusetts|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.
 
The United States Constitution, ratified June 21, 1788, was influenced by the British constitutional system and the political system of the [[Dutch Republic|United Provinces]], plus the writings of [[Polybius]], [[John Locke|Locke]], [[Charles de Secondat, Baron de Montesquieu|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]], traditionally regarded as world's second and Europe's first,<ref>{{cite book|title=Constitutions of the World|first=Albert|last=Blaustein|authorlink=Albert Blaustein|publisher=Fred B. Rothman & Company|year=1993|month=January|url=http://books.google.com/books?ie=UTF-8&vid=ISBN083770362X&id=2xCMVAFyGi8C&pg=PA15&lpg=PA15&dq=May+second+constitution+1791&sig=CSUWpkkxK7voCkrPXYAmFyfMWMY}}</ref><ref>Isaac Kramnick, ''Introduction'', {{cite book|title=The Federalist Papers|first=James|last=Madison|autorlink=James Madison|url=http://books.google.com/books?ie=UTF-8&visbn=0140444955&id=WSzKOORzyQ4C&pg=PA13&lpg=PA13&dq=May+second+oldest+constitution&sig=V8SxrTUQsbI3LI8RUgTbFKJFgE0|publisher=Penguin Classics|year=1987|month=November|isbn = 0-14-044495-5}}</ref><ref name="Markoff">[[John Markoff (professor)|John Markoff]] describes the advent of modern codified national constitutions as one of the milestones of democracy, and states that "The first European country to follow the U.S. example was Poland in 1791." John Markoff, ''Waves of Democracy'', 1996, ISBN 0-8039-9019-7, p.121.</ref> and the [[French Constitution of 1791|French Constitution of September 3, 1791]]. 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 of Norway|constitution]] in 1814, adopting many facets from the American constitution and the revolutionary French ones; but maintaining a heredetary [[Constitutional monarchy|monarch]] limited by the constitution.
 
== Principles of constitutional design ==
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== Governmental constitutions ==
[[Fileدوتنه:Red copy of the Russian constitution.jpg|thumb|upright|[[President of Russia|Presidential]] copy of the [[Russian Constitution]].]]
 
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]]."
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===== Uncodified constitution =====
{{main|Uncodified constitution}}
[[Fileدوتنه:Magna Carta.jpg|thumb|[[Magna Carta]]]]
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 System|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 convention (political custom)|constitutional conventions]], observation of [[precedent]]s, [[royal prerogative]]s, [[convention (norm)|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.
 
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==== Entrenchment ====
[[Fileدوتنه:Constitution Pg1of4 AC.jpg|thumb|[[The U.S. Constitution]]]]
The presence or lack of entrenchment is a fundamental feature of constitutions. Entrenchment in general means that amending a constitution is a more difficult process than that for modifying ordinary laws. Some constitutions also contain [[entrenched clause]]s, i.e. articles stating that certain modifications are either more difficult to make than normal modifications, or impossible to make at all. Entrenchment is an inherent feature in most written constitutions. The US constitution is an example of an entrenched constitution, and the UK constitution is an example of a constitution that is not entrenched.
 
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The strongest level of [[entrenched clause|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, except through the assertion of the [[right of revolution]]. 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''.
 
One example of absolute unmodifiability is the [[Basic Law for the Federal Republic of Germany|German Federal Constitution]]. This states in Article 20 that the country has to be a democratic, federal and social republic, and in Article 1 that the state powers have to: (i) leave dignity of man inviolable; (ii) where rule of law prevails; and (iii) where sovereignty lies with the people. [[Entrenched_clauseEntrenched clause#Germany|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."<ref name="georgetown_const_82-05_art374">{{citation | title= Republic of Honduras: Political Constitution of 1982 through 2005 reforms; Article 374 | publisher= [[Georgetown University]] | work= Political Database of the Americas | url= http://pdba.georgetown.edu/Constitutions/Honduras/hond05.html Honduran Constitution | language= [[Spanish language|Spanish]] }}</ref> This unmodifiability article has played an important role in the [[2009 Honduran constitutional crisis]].
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* [[Textualism]]
* [[Treaty establishing a Constitution for Europe|Proposed European Union constitution]]
** [[Treaty of Lisbon]] (adopts same changes, but without constitutional name)
* [[United Nations]] [[United Nations Charter|Charter]]
 
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[[Categoryوېشنيزه:Constitutions| ]]
[[Categoryوېشنيزه:Constitutional law]]
[[Categoryوېشنيزه:Official documents]]
[[Categoryوېشنيزه:Political charters| ]]
 
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