– one of the world’s first modern constitutions
The first modern constitution (the Magna Carta is not considered an actually constitution, but rather a precursor to constitutions) was the US Constitution of 1788. Fifty-one years later, the Hawaiian Kingdom, having proclaimed a Declaration of Rights in 1839, promulgated the Constitution of 1840, of which the Declaration became a preamble. It always struck me that 50 years, in the slow process of “constitutionalism” was quite a short period of time. Today, constitutions are standard documents, but in the mid-1800s most governments were absolute monarchies, without constitutions. I had my students look up the answer to the question: How many constitutions were made in that 50 year period? The answer, excluding Hawaiʻi, is four! So if my information is correct, the Hawaiian Kingdom’s 1840 Constitution was only the fifth modern constitution in history! (Correction of GK: There is Kingdom of Poland, 1791, if you count this Constitution and also the Constitution of Cherokee 1839, so Hawai’i Kingdom would be on place sixth).The four constitutions that predate Hawaiʻi’s are: the United States (1788), The Kingdom of Norway (1814), the Netherlands (1815), and Belgium (1831). Hawaiʻi followed in 1843 and Denmark was next in 1849. Now this list is of constitutions that are still in effect and only counts independent states, not federated states like New York, etc.
Those who question the credibility and viability of “The Kingdom” should contemplate this revelation, and consider the significance of the fact that Kamehameha III gave this constitution voluntarily, rather than being forced as King John was when the Magna Carta was created. The constitution was revised in 1852 by Kamehameha III and 1864 by Kamehameha IV to better adopt concepts such as separation of powers, before the 1887 Bayonet Constitution (according to Dr. Willie Kauai the first time race was used to delineate citizens) was illegally forced on King Kalākaua.
The World first Constitutions
United States of America
September 17, 1787
| Jurisdiction | United States of America |
|---|---|
| Created | September 17, 1787 |
| Presented | September 28, 1787 |
| Ratified | June 21, 1788 |
| Date effective | March 4, 1789[1] |
| System | Constitutional presidential republic |
Kingdom of Poland
May 3, 1791
| Created | 6 October 1788 – 3 May 1791 |
|---|---|
| Ratified | 3 May 1791 |
| Location | Central Archives of Historical Records, Warsaw |
Netherlands
August 24, 1815
Belgium
February 7, 1831
The Belgian constitution was a balanced synthesis of the French constitutions of 1791, 1814 and 1830, the Dutch constitution of 1814, and of English constitutional law. However, it did not become an amalgam.
Kingdom of Hawai`i
October 8, 1840
The 1840 Constitution of the Hawaiian Kingdom titled Ke Kumukānāwai a me nā Kānāwai o ko Hawaiʻi Pae ʻĀina, Honolulu, 1840 was the first fully written constitution for the Hawaiian Kingdom. The constitution was enacted on October 8, 1840, by King Kamehameha III
Denmark
June 5, 1849
The Constitutional Act of the Realm of Denmark, also known as the Constitutional Act of the Kingdom of Denmark, or simply the Constitution, is the constitution of the Kingdom of Denmark, applying equally in Denmark proper, Greenland and the Faroe Islands.
Links:
- Documents from the Continental Congress & the Constitutional Convention, 1774 to 1789
- National Constitution Center
- Office of the Historien Department of State; United States of America
- 1839 Cherokee Constitution born from Act of Union
- The Magna Carta
- Maga Carta Interduction
- Magna Carta Wikipedia
- ICL Project
- Punawaiola Kumukānāwai
Tales of Hawai'i 