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.
The Statutes of 1600
The current legal system of
San Marino began on
October 8,
1600. A new constitution or ''Statuti'' was approved covering all 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 ''Statvta Decreta Ac Ordinamenta Illvstris Reipvblicae Ac Perpetuae Libertatus Terrae Sancti Marine''.
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.
Illustration of the title page
Book One
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.
Book Two
The second book, called ''Civilium Causarum'', contains 75 articles. The first half provides for
civil law procedures covering
subpoena's,
evidence, examination of
witnesses 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
lawyers.
Book Three
The third book, called ''Maleficiorum'', contains 74 articles and covers
criminal law.
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.
Book Four
The fourth book, called ''De Appellationibus'', contains 15 articles. The volume explains how
judges are nominated, the classification of
sentences,
appeals and
appellant guarantees.
Book Five
The fifth book, called ''Extraordinarium'', contains 46 articles covering a range of topics. These include the sale of
meat,
sanitation and
health,
water reserves and
roads.
Book Six
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.
Declaration of Citizen Rights
On 12 July 1974 the
Captains-Regent signed a law (59/1974) adopted by the
Grand and General Council 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.
References
★
Leges Statutae Republicae Sancti Marini ''in Italian''
★ ''Per Conoscere San Marino'', Dicastero P.I. e C., Scuola Media Statale, 1991
See also
★
History of San Marino
★
Politics of San Marino
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