The Place of the Constitution in the Modern State

Abstract

Ever since the American and the French revolutions, it was taken for granted that a written, formal, Constitution was essential to the functioning of a modern State. Old-established States, as they moved toward modernization or away from absolutism, hurried to provide themselves with Constitutions. New States enacted Constitutions as a matter of course, as one of the first acts of a newly-found sovereignty, often copying them from available models and without pausing to consider to what extent the provisions copied would suit the particular characteristics and goals of their respective societies. The well-known process of “reception” of laws was followed by a similar trend to “receive” Constitutions. To have a formal Constitution well-nigh became a universal fashion, a symbol of modernism. In the aftermath of the First World War, only two groups of fully independent States remained without Constitutions. One of them comprised countries still in their pre-modern stage, in respect both of their political and of their general social set-up, and without pretensions to modernity: Afghanistan, Ethiopia (then Abyssinia), Saudi Arabia, Thailand (then Siam), Yemen; since then, each of these, bent on modernization, provided itself with some kind of constitutional chart. The other group consisted of the one and only Great Britain, looked upon by everybody as a case apart.