Constitution of San Marino
Encyclopedia
The Constitution of San Marino
is distributed over a number of legislative instruments of which the most significant are the Statutes of 1600 and the Declaration of Citizen Rights of 1974 as amended in 2002. The constitutional system has influences from the Corpus Juris Civilis
and Roman
customary law. It is currently the oldest surviving constitution of any sovereign state
in the world.
began on October 8, 1600. The government gave binding force to a compilation of Statuti written by Camillo Bonelli, covering the institutions and practices of Sammarinese government and justice at that time. It was written in Latin and contained in six books. The title in Latin is Statuta Decreta ac Ordinamenta Illustris Reipublicae ac Perpetuae Libertatis Terrae Sancti Marini.
The new system was an update on the Statuti Comunali (Town Statute) which had served San Marino from about 1300. Existing institutions, such as the Council of the Sixty
, were carried forward from this period. The Statutes form the basis of all law in effect today, so it may be the oldest constitution of any existing nation.
of San Marino, court
s, a number of administrative positions, including the Captains-Regent, and the powers assigned to them. The last two articles explain how the law is to be interpreted and altered, including how the law is to be promulgated
.
procedures covering subpoena
s, evidence
, examination of witness
es and judicial expenses. The second half covers minors
, education
, the salaries of the civil service
and wills
. There is a section which promotes compromise
to resolve disputes and another which regulates the salary
of lawyer
s.
. Prosecution
of criminal acts is reserved for the state
alone. The laws provide a formula by which a punishment
shall be proportional to the offense
and any mitigating circumstances. Special attention is given to protecting the assets of the state and church
, and to preventing the pollution
of water
sources.
s are nominated, the classification of sentences
, appeal
s and appellant guarantees.
, sanitation
and health
, water
reserves and road
s.
, weight
s and plant cultivation
. In particular, it explains that family heads
are responsible for the actions of their sons and any servants.
containing a declaration of citizen rights and the fundamental principles of the juridical order of San Marino. The Declaration begins with a repudiation of war
. It states the people are sovereign
and explains how the separation of powers
doctrine is applicable to San Marino. Citizens are guaranteed certain rights including equality
, inviolability
, freedom
and universal suffrage
.
The Declaration was amended in 2002, providing further constitutional detail on the organisation of government.
San Marino
San Marino, officially the Republic of San Marino , is a state situated on the Italian Peninsula on the eastern side of the Apennine Mountains. It is an enclave surrounded by Italy. Its size is just over with an estimated population of over 30,000. Its capital is the City of San Marino...
is distributed over a number of legislative instruments of which the most significant are the Statutes of 1600 and the Declaration of Citizen Rights of 1974 as amended in 2002. The constitutional system has influences from the Corpus Juris Civilis
Corpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
and Roman
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
customary law. It is currently the oldest surviving constitution of any sovereign state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
in the world.
The Statutes of 1600
The current legal system of San MarinoSan Marino
San Marino, officially the Republic of San Marino , is a state situated on the Italian Peninsula on the eastern side of the Apennine Mountains. It is an enclave surrounded by Italy. Its size is just over with an estimated population of over 30,000. Its capital is the City of San Marino...
began on October 8, 1600. The government gave binding force to a compilation of Statuti written by Camillo Bonelli, covering the institutions and practices of Sammarinese government and justice at that time. It was written in Latin and contained in six books. The title in Latin is Statuta Decreta ac Ordinamenta Illustris Reipublicae ac Perpetuae Libertatis Terrae Sancti Marini.
The new system was an update on the Statuti Comunali (Town Statute) which had served San Marino from about 1300. Existing institutions, such as the Council of the Sixty
Grand and General Council
The Grand and General Council is the parliament of San Marino. The council has 60 members elected for a five-year term.The electoral law was based on proportional representation from 1945 to 2007. Since then, it is based on the electoral system of Italian municipalities...
, were carried forward from this period. The Statutes form the basis of all law in effect today, so it may be the oldest constitution of any existing nation.
Book One
The first book contains 62 articles. It is constitutional in character and describes the various councilsGrand and General Council
The Grand and General Council is the parliament of San Marino. The council has 60 members elected for a five-year term.The electoral law was based on proportional representation from 1945 to 2007. Since then, it is based on the electoral system of Italian municipalities...
of San Marino, court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s, a number of administrative positions, including the Captains-Regent, and the powers assigned to them. The last two articles explain how the law is to be interpreted and altered, including how the law is to be promulgated
Promulgation
Promulgation is the act of formally proclaiming or declaring a new statutory or administrative law after its enactment. In some jurisdictions this additional step is necessary before the law can take effect....
.
Book Two
The second book, called Civilium Causarum, contains 75 articles. The first half provides for civil lawCorpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
procedures covering subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
s, evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
, examination of witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es and judicial expenses. The second half covers minors
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
, education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
, the salaries of the civil service
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
and wills
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
. There is a section which promotes compromise
Compromise
To compromise is to make a deal where one person gives up part of his or her demand.In arguments, compromise is a concept of finding agreement through communication, through a mutual acceptance of terms—often involving variations from an original goal or desire.Extremism is often considered as...
to resolve disputes and another which regulates the salary
Salary
A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis....
of lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s.
Book Three
The third book, called Maleficiorum, contains 74 articles and covers criminal lawCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
. Prosecution
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
of criminal acts is reserved for the state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
alone. The laws provide a formula by which a punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
shall be proportional to the offense
Offense (law)
In law, an offence is a violation of the criminal law .In England and Wales, as well as in Hong Kong the term "offence" means the same thing as, and is interchangeable with, the term "crime"....
and any mitigating circumstances. Special attention is given to protecting the assets of the state and church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, and to preventing the pollution
Pollution
Pollution is the introduction of contaminants into a natural environment that causes instability, disorder, harm or discomfort to the ecosystem i.e. physical systems or living organisms. Pollution can take the form of chemical substances or energy, such as noise, heat or light...
of water
Water
Water is a chemical substance with the chemical formula H2O. A water molecule contains one oxygen and two hydrogen atoms connected by covalent bonds. Water is a liquid at ambient conditions, but it often co-exists on Earth with its solid state, ice, and gaseous state . Water also exists in a...
sources.
Book Four
The fourth book, called De Appellationibus, contains 15 articles. The volume explains how judgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s are nominated, the classification of sentences
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
, appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s and appellant guarantees.
Book Five
The fifth book, called Extraordinarium, contains 46 articles covering a range of topics. These include the sale of meatMeat
Meat is animal flesh that is used as food. Most often, this means the skeletal muscle and associated fat and other tissues, but it may also describe other edible tissues such as organs and offal...
, sanitation
Sanitation
Sanitation is the hygienic means of promoting health through prevention of human contact with the hazards of wastes. Hazards can be either physical, microbiological, biological or chemical agents of disease. Wastes that can cause health problems are human and animal feces, solid wastes, domestic...
and health
Health
Health is the level of functional or metabolic efficiency of a living being. In humans, it is the general condition of a person's mind, body and spirit, usually meaning to be free from illness, injury or pain...
, water
Water
Water is a chemical substance with the chemical formula H2O. A water molecule contains one oxygen and two hydrogen atoms connected by covalent bonds. Water is a liquid at ambient conditions, but it often co-exists on Earth with its solid state, ice, and gaseous state . Water also exists in a...
reserves and road
Road
A road is a thoroughfare, route, or way on land between two places, which typically has been paved or otherwise improved to allow travel by some conveyance, including a horse, cart, or motor vehicle. Roads consist of one, or sometimes two, roadways each with one or more lanes and also any...
s.
Book Six
The sixth book contains 42 articles and covers compensationDamages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
, weight
Weight
In science and engineering, the weight of an object is the force on the object due to gravity. Its magnitude , often denoted by an italic letter W, is the product of the mass m of the object and the magnitude of the local gravitational acceleration g; thus:...
s and plant cultivation
Tillage
Tillage is the agricultural preparation of the soil by mechanical agitation of various types, such as digging, stirring, and overturning. Examples of human-powered tilling methods using hand tools include shovelling, picking, mattock work, hoeing, and raking...
. In particular, it explains that family heads
Pater familias
The pater familias, also written as paterfamilias was the head of a Roman family. The term is Latin for "father of the family" or the "owner of the family estate". The form is irregular and archaic in Latin, preserving the old genitive ending in -as...
are responsible for the actions of their sons and any servants.
Declaration of Citizen Rights
On 12 July 1974 the Captains-Regent signed a law (59/1974) adopted by the Grand and General CouncilGrand and General Council
The Grand and General Council is the parliament of San Marino. The council has 60 members elected for a five-year term.The electoral law was based on proportional representation from 1945 to 2007. Since then, it is based on the electoral system of Italian municipalities...
containing a declaration of citizen rights and the fundamental principles of the juridical order of San Marino. The Declaration begins with a repudiation of war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
. It states the people are sovereign
Sovereign
A sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...
and explains how the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
doctrine is applicable to San Marino. Citizens are guaranteed certain rights including equality
Equality before the law
Equality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws....
, inviolability
Inviolability
In religion and ethics, inviolability or sanctity of life is a principle of implied protection regarding aspects of sentient life which are said to be holy, sacred, or otherwise of such value that they are not to be violated...
, freedom
Freedom (political)
Political freedom is a central philosophy in Western history and political thought, and one of the most important features of democratic societies...
and universal suffrage
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...
.
The Declaration was amended in 2002, providing further constitutional detail on the organisation of government.
See also
- History of San MarinoHistory of San MarinoThe history of San Marino is both very European and typical for the Italian Peninsula, and yet helps explain its unusual characteristics as the sole remaining Italian city-state.San Marino is the only surviving Italian city-state...
- Politics of San MarinoPolitics of San MarinoPolitics of San Marino takes place in a framework of a parliamentary representative democratic republic, whereby the Captains Regent are the heads of state, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the Grand...
- List of national constitutions