Ideas From Other Countries

The Constitutions of Other Countries on the Web

by John Pyke, Queensland candidate for the Constitutional Convention

While our Constitution should be something suitable to Australia and its traditions, there is nothing un-Australian in looking to the Constitutions of other countries for ideas that we can copy or modify. The original Commonwealth Constitution took its inspiration mainly from the United States Constitution, modified by the principles of Cabinet government from the unwritten United Kingdom Constitution, with the amendment procedure in section 128 inspired by the Swiss Constitution.

Today, if we want to enter into informed Constitutional debate we should be aware of the ideas that have been incorporated into the Constitutions of other countries. We may reject them as inappropriate for Australia but we should be ready to acknowledge good ideas that have first been tried somewhere else - just as the original drafters did.

Sites with Collections of National Constitutions

International Constitutional Law at Wuerzburg - the big international collection - but usually so slow to respond that I suspect it's connected to the world via a 3KHz phone line

Wiretap's list includes historical curiosities such as the Constitutions of the Confederate States and the Iroquois Confederacy as well as many modern national constitutions. Go up to the parent directory and you'll find the Maastricht treaty and more.

Modern Constitutions presented by the South African Humanities and Social Research Council, as a contribution to the Constitutional debate in their country. It has 13 countries which you access through a world map - which is a neat idea but it takes an age to load. Sometime I'll just list the 13 individual URLs - but not now.

Solon Law Archive has eight countries

Constitutional Centenary Foundation has links to seven countries - but the links to other collections at the bottom of the page are out-of-date.

Constitutions with Specific Features of Relevance to the Australian Debate

Other Federations

United States of America

Federal Republic of Germany

Republic of South Africa [For the process by which this Constitution was developed, and copies of the earlier drafts, go back to the index page of this site.]

Canada, accessible via the Canada Conversation site or the Solon Law Archive

Switzerland - note the amendment procedure which includes alternative methods of proposing amendments including CIR (Citizens' Initiated Referendum)

Preambles

See the CCF's list of Preambles in Other Countries

Methods of Electing the President

Compare the

Irish Constitution, with the President elected by the people (with his/her powers specifically defined, and other sections relating to the Government making it quite clear that the Prime Minister (Taoiseach) is head of the government), with the
Basic Law of Israel on the President - which also spells out what the President's functions are and makes it clear that s/he is not head of the government.

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Written by John Pyke, 15 November 1997