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Limelight: In the beginning
Published in Al-Ahram Weekly on 29 - 03 - 2007


Limelight:
In the beginning
By Lubna Abdel-Aziz
What code of behaviour did prehistoric man apply, as he ran wild and free in this vast universe? He hunted and gathered wild plants to feed himself and his family. That was his main concern, his rule of law, the only law that governed his existence. That basic instinct never left him. Families stuck together in groups of 25 to 50, and when food became scarce, they roamed the earth from place to place searching for sustenance, safeguarding their survival. Known as the 'Stone Period,' it lasted 2.5 million years. His greatest cultural journey was when he crossed the barrier between barbarism and civilization by the development of farms. Growing crops and raising animals, he settled down, built huts and formed villages. The process of civilization had started.
By about 3,500 BC some farm villages along river valleys had started the first method of writing, and by 3000 BC man had invented the wheel. This was in the Tigris-Euphrates valley, what is now Iraq. After 3000 BC several civilizations developed independently, known as the cradle of civilization. The Nile valley (Egypt), the Tigris/Euphrates valley (Iraq), the Indian valley (Pakistan), and the Huang Ho valley (China). These civilizations grew up in widely different environments, yet they all developed systems of writing and new systems of governing themselves. From the cradle lands, the torch of civilization spread throughout Europe and many other regions. China's main discipline of social behaviour is "The Mandate of Heaven" whereby rulers who misuse their power no longer had the approval of the gods, and could therefore be overthrown. This mandate was the first declaration of the people's right to revolt. Another code of behaviour appeared among the Sumerians following the conquest by Hamurabi in 1750 BC. A set of laws was established and set in the "Code of Hamurabi" probably the world's first social order based on the rights of the individual and remained an influence on the laws of many countries for hundreds of years.
The mingling of civilized cultures during ancient times, was an important development in world history -- much of human progress has been made by the exchange of ideas among the people of the world. As man learned to write, he started to record his life, and History was born. Long before Locke, Rousseau, Voltaire, Franklin, or Jefferson, there were the Greeks who developed the first advanced civilization on the European mainland. Their idea of Democracy glorified individual freedom. They stressed a person's right to think freely, to be curious, to be different, and to be able to criticize. By pondering such questions as truth, life and beauty, they developed the study of philosophy. Certain democratic principles are still followed today, incorporated in our modern constitutions.
Mankind made great cultural strides during an era that historians call the early period of modern times (1453 -- 1900). The West was responsible for almost all the important cultural advances during a 300-year period known as the Renaissance, which started in Italy in the 1300s. The basic premise of individual freedom became a cultural force which spread throughout most of northern Europe.
What is a constitution? It is a code or charter which defines the rules and principles by which a group, country, or organization, can govern itself. While most constitutions are written, some are unwritten, like the British Constitution consisting mainly of tradition and custom concerning Parliament, the monarch and the courts. While many principle depend of the Magna Carta and other written documents, the constitution itself has never been written out in a single document. Unlike Britain, we are all familiar with the famous written constitution of the United States.
Evidence of the earliest code of justice was found by Ernest de Sarcaz in 1877 in Iraq, issued by King Unkagina of Ragash (c, 2300 BC). This was followed by the famous Code of Hamurabi of Babylonia, the Hittite Code, the Assyrian Code, Mosaic Law, and the Commandments of Cyrus the Great of Persia.
Aristotle (c. 350 BC) was one of the first in recorded history to make a formal distinction between Ordinary Law and Constitutional Law. He established ideas of constitution and constitutionalism, an attempt to define different forms of constitutional government. The Romans codified their constitution in 449 BC, in the twelve tables organized into a simple code in 438 AD -- Codex of Theodorianus for Eastern Europe, and in 534 AD into Codex Justinianus.
Many of the Germanic peoples that filled the power vacuum left by the Western Roman Empire during the early Middle Ages, codified their laws. One of the first was the Visigothic Code of Euric (471 AD), followed by Lex Burgundionum, applying separate codes for Germans. The Romans' Pactus Alamamorum and the Salic Law of the Franks were all written soon after 500 AD. Japan's 16 article constitution (604 AD) is an early example of a constitution in Asian political history.
The earliest written constitution still governing a sovereign nation today may be that of San Marino. Written in Latin, it consists of 6 books, influenced by the Codex Justinianus, and it remains in force today. The constitution of India is the longest codified constitution in the world. It is unique as it incorporates codes from many other countries like Japan, Malaysia, and Britain.
Amendments to Egypt's 1971 constitution are in the foreground of our thoughts and a matter of major public interest. Alterations, modifications, renovations and reform, are the heartthrob of a nation and its people. The next step is consideration, deliberation, contemplation and debate. A vigorous healthy debate has one ultimate purpose, to bring about a general consensus for an acceptable constitutional code, and the institutionalisation of a fair and just democracy.
We are alive and we are moving Good, bad or middling, it is far better than standing still.
The will of the people is the only legitimate foundation of any government, and to protect its free expression should be our first object
-- Thomas Jefferson (1743 -- 1826)


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