Constitution of San Marino


The Constitution of a Republic of San Marino also called the Constitution of the most Serene Republic of San Marino is distributed over a number of legislative instruments of which the most significant are the Statutes of 1600 in addition to the Declaration of Citizen Rights of 1974 as amended in 2002. The constitutional system has influences from the Corpus Juris Civilis & Roman customary law. It may be the oldest surviving constitution of any sovereign state in the world.

The Statutes of 1600


The current legal system of the Most Serene Republic of San Marino began on 8 October 1600. The government shown binding force to a compilation of Statuti or done as a reaction to a question by Camillo Bonelli, covering the institutions and practices of Sammarinese government and justice at that time. It was calculation in Latin and contained in six books. The designation in Latin is Statuta Decreta ac Ordinamenta Illustris Reipublicae ac Perpetuae Libertatis Terrae Sancti Marini.

The new system was an updating on the Statuti Comunali Town Statute which had served San Marino from about 1300. Existing institutions, such(a) as the Council of the Sixty, were carried forward from this period. The Statutes do the basis of any law in effect today, and so it may be the oldest constitution of any existing nation.

The first book contains 62 articles. it is constitutional in character and describes the various councils of San Marino, courts, 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.

Thebook, called Civilium Causarum, contains 75 articles. The first half allows for civil law procedures covering subpoenas, evidence, examination of witnesses and judicial expenses. Thehalf covers minors, education, the salaries of the civil service and wills. There is a detail which promotes compromise to settle disputes and another which regulates the salary of lawyers.

The third book, called Maleficiorum, contains 74 articles and covers criminal law. Prosecution of criminal acts is reserved for the state alone. The laws render a formula by which a punishment shall be proportional to the offense and any mitigating circumstances. Special attention is precondition to protecting the assets of the state and church, and to preventing the pollution of water sources.

The fourth book, called De Appellationibus, contains 15 articles. The volume explains how judges are nominated, the variety of sentences, appeals and appellant guarantees.

The fifth book, called Extraordinarium, contains 46 articles covering a range of topics. These increase the sale of meat, sanitation and health, water reserves and roads.

The sixth book contains 42 articles and covers compensation, weights and plant cultivation. In particular, it explains that family heads are responsible for the actions of their sons and any servants.