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Theconstitution of theRepublic of San Marino is distributed over a number of legislative instruments, the most important of which are the Statutes of 1600 and the Declaration of Citizen Rights of 1974, as amended in 2002.
The constitutional system shows influences ofRoman customary law andJustinian I'sCorpus Juris Civilis (529–534).
It is the world'soldest surviving constitution of anysovereign state, barring England'sMagna Carta (1215).[1]
The current legal system of theSan Marino began on 8 October 1600. The government gave binding force to a compilation ofStatuti written by Camillo Bonelli, covering the institutions and practices ofSammarinese government and justice at that time. It was written in Latin and contained in six books. The title in Latin isStatuta Decreta ac Ordinamenta Illustris Reipublicae ac Perpetuae Libertatis Terrae Sancti Marini.
The new system was an update on theStatuti Comunali (Town Statute) which had served San Marino from about 1300. Existing institutions, such as theCouncil of the Sixty, were carried forward from this period. The Statutes form the basis of all 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 variouscouncils of San Marino,courts, a number of administrative positions, including theCaptains-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 bepromulgated.
The second book, calledCivilium Causarum, contains 75 articles. The first half provides forcivil law procedures coveringsubpoenas,evidence, examination ofwitnesses and judicial expenses. The second half coversminors,education, the salaries of thecivil service andwills. There is a section which promotescompromise to resolve disputes and another which regulates thesalary oflawyers.
The third book, calledMaleficiorum, contains 74 articles and coverscriminal law.Prosecution of criminal acts is reserved for thestate alone. The laws provide a formula by which apunishment shall be proportional to theoffense and anymitigating circumstances. Special attention is given to protecting the assets of the state andchurch, and to preventing thepollution ofwater sources.
The fourth book, calledDe Appellationibus, contains 15 articles. The volume explains howjudges are nominated, the classification ofsentences,appeals andappellant guarantees.
The fifth book, calledExtraordinarium, contains 46 articles covering a range of topics. These include the sale ofmeat,sanitation andhealth,water reserves androads.
The sixth book contains 42 articles and coverscompensation,weights andplant cultivation. In particular, it explains thatfamily heads are responsible for the actions of their sons and anyservants.
On 12 July 1974 theCaptains-Regent signed a law (59/1974) adopted by theGrand 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 ofwar. It states the people aresovereign and explains how theseparation of powers doctrine is applicable to San Marino. Citizens are guaranteed certain rights includingequality,inviolability,freedom, and universalsuffrage.
Jorri Duursma describes the 1974 law as the fundamental law of the Republic.[2]
The Declaration was amended in 2002, providing further constitutional detail on the organisation of government and establishing theGuarantors’ Panel on the Constitutionality of Rules, which is a court responsible for assessing the compliance of laws with respect to the Declaration of Rights.
