—Brian Christopher Jones, Senior Lecturer, University of Liverpool, School of Law and Social Justice[1]
The post-WWII era is widely considered a watershed moment in constitutional writing. As one scholar said near the beginning of the 21st century, ‘A very large number of Constitutions have been made across all regions of the world since the fall of the Berlin Wall just over 20 years ago’ (p 2). With more countries coming into existence and most of them choosing to draft written constitutions, in many ways there has been a good deal of constitutional writing from post-war to present day. But what may have been true for one region (such as Eastern Europe or Sub-Saharan Africa) was not necessarily true for other regions. This post explores those discrepancies, with a particular focus on constitutional longevity. After all, the empirical finding (p 129) that the average constitution is predicted to last 19 years makes it seem as if constitutions are frequently being re-written or re-fashioned for modern times, which may be true during certain periods of history or in particular regions. But a closer analysis of constitutional longevity in certain regions tells a different story. This piece argues that post-war constitutional writing—from the second half of the 20th century and into the first quarter of the 21st—has slowed significantly in particular areas of the world. The ones I take into consideration here are: Western Europe & North America; Oceania; and Latin America & the Caribbean.
In analysing these regions I used data from the Comparative Constitutions Project ‘Timeline of Constitutions’ and the Constitute Project, both of which contain constitutional event data from around the world over the past two plus centuries. Additionally, I used 1945 as the cut-off date for post-WWII constitutions (everything else is considered pre-WWII). Thus, some jurisdictions just missed the cutoff (e.g., Iceland – 1944), but I had to draw the line somewhere. The findings in relation to average lifespan presented below are from observed data, not predicted data. Finally, this analysis only considers constitutional replacement and does not examine constitutional amendment, which could demonstrate contrary findings regarding constitution writing.
Western Europe and North America (USA & Canada)
In total, these regions have produced 95 constitutions, lasting a mean of 43 years, which is more than double the 19-year prediction for constitutional duration around the world.
Generally, the region produced very little constitutional drafting in the post-war era. The mean age of constitutions currently in force is 105 years, and none of the twenty-five countries in this group has written a constitution in the 21st century.
Table 1. Age of Western Europe, US and Canada Constitutions (In Force)*
| Mean Age: 104.76 | ||
| Andorra – 32 | Monaco – 63 | |
| Austria – 80 | Greece – 50 | The Netherlands – 211 |
| Belgium – 194 | Iceland – 81 | Norway – 211 |
| Canada – 158 | Ireland – 88 | Portugal – 49 |
| Cyprus – 65 | Italy – 78 | Spain – 47 |
| Denmark – 72 | Liechtenstein – 104 | Sweden – 51 |
| Finland – 26 | Luxemburg – 157 | Switzerland – 36 |
| France – 67 | Malta – 61 | UK – 336 |
| Germany – 76 | USA – 236 | |
*Note: This figure includes the UK constitution, which I classify as beginning in 1689, just after the Glorious Revolution. Some consider the UK constitution is even older than this, beginning around Magna Carta (1215). I don’t buy that. The most obvious beginning of the current UK constitutional settlement is 1689.
Close to one-third of these countries (9) have pre-WWII constitutions that are still in existence: USA (1789), UK (1689), Norway (1814), The Netherlands (1814), Luxemburg (1868), Liechtenstein (1921), Ireland (1937), Canada (1867), and Belgium (1831). Additionally, twelve countries have post-WWII constitutions that have never been replaced (i.e., they have only enacted one constitution post-1945 and it is still in force). These are: Andorra (1992), Austria (1945), Cyprus (1960), Denmark (1953), Finland (1999), Germany (1949), Italy (1947), Malta (1964), Monaco (1962), Portugal (1976), Sweden (1974), and Switzerland (1999). The combination of pre-WWII constitutions still in existence and post-WWII constitutions that have never been replaced presents a fairly damning picture of the region: little constitutional drafting has taken place.
Table 2. Mean Length of Pre/Post WWII Constitutions (number of constitutions in brackets)
| Country | Pre-WWII | Post-WWII |
| Austria | 12.5 (2) | 80 (1) |
| Denmark | 26 (4) | 72 (1) |
| France | 11.92 (13) | 39.5 (2) |
| Greece | 14.25 (8) | 17.75 (4) |
| Portugal | 21.14 (7) | 49 (1) |
| Spain | 12.18 (11) | 29 (2) |
Some data point to pre-war constitutions being written and replaced with more frequency (see Table 2 above). Spain wrote 11 pre-WWII constitutions which lasted an average of 12.18 years. Post-WWII, Spain has written two constitutions (1967 & 1978), and the average length has been 29 years. Similar dynamics were seen elsewhere. Portugal wrote 7 pre-war constitutions lasting an average of 21.14 years, and yet their lone post-war constitution (1976) has lasted 49 years. France wrote 13 pre-WWII constitutions which lasted for an average of 11 years, and their two post-war constitutions (1946, 1958) have lasted an average of 39.5 years. Denmark wrote four pre-war constitutions that lasted an average of 26 years, and yet their single post-war constitution (1953) has lasted 72 years.
The differences were not as stark in some countries. Greece wrote 8 pre-WWII constitutions that lasted an average of 14.25 years, whereas their four post-war constitutions have lasted an average of 17.75 years. There were even places where pre-war constitutions lasted longer than post-war averages. Switzerland’s six pre-war constitutions lasted for an average of 33.5 years, whereas their current post-war constitution is only 26 years old.
The data is certainly not the whole story, but it does tell a story: post-war constitution writing for this group of countries has not been as dynamic as pre-war constitution writing. In fact, in many ways post-war writing in these regions has ground to a halt or appears non-existent.
Oceania
Oceania only contains three countries that made pre-war constitutions, but it’s got some interesting pre-war and post-war trends. The mean age of the constitutions currently in force in this region is 67.36 years. More strikingly, the mean duration of all constitutions (pre-war and post-war) that have been enacted in this region is 52.16 years, far off the predicted 19-year lifespan noted above.
Table 3. Age of Oceania Constitutions (In Force)
| Mean Age: 67.36 | |
| Australia – 124 | Palau – 44 |
| Fiji – 12 | Papua New Guinea – 50 |
| Kiribati – 46 | Samoa – 63 |
| Marshall Islands – 46 | Solomon Islands – 47 |
| Micronesia – 47 | Tonga – 150 |
| Nauru – 57 | Tuvalu – 39 |
| New Zealand – 173 | Vanuatu – 45 |
Many post-war constitutions came into being in the 1960s and 1970s. However, all the pre-war constitutions in this region are still in existence today: Australia (1901), New Zealand (1852) and Tonga (1875). The vast majority (10 out of 14) of constitutions in this group are post-war constitutions that have never been replaced. Fiji has been the only country in this region to really experiment with multiple constitutions. They have written four during the post-war period, averaging 12.75 years per constitution. Additionally, they are the only country in this region to have made a constitution in the 21st century.
This region presents a slightly different picture: a mix of pre-war and post-war constitutions that, once established, countries have been very hesitant to replace.
Latin America & The Caribbean
This region has not been nearly as stagnant as the groups analysed above. In total, it has produced 289 constitutions, lasting a mean of 15.18 years, which is lower than the 19-year finding noted above. When it comes to constitutional writing, this region is much more well known for experimentation than the regions above.
The mean age of constitutions currently in force in this region is 42, and four countries have written constitutions in the 21st century: Ecuador (2008), Dominican Republic (2015); Cuba (2019) and Bolivia (2009). There is only one country that contains a pre-WWII constitution that has never been replaced: Mexico (1917).
Table 4. Age of Latin American and Caribbean Constitutions (In Force)
| Mean Age: 42 | ||
| Antigua and Barbuda – 44 | Dominica – 47 | Nicaragua – 38 |
| Argentina – 42 | Dominican Republic – 10 | Panama – 53 |
| The Bahamas – 52 | Ecuador – 17 | Paraguay – 33 |
| Barbados – 59 | El Salvador – 42 | Peru – 32 |
| Belize – 44 | Grenada – 34 | Saint Kitts & Nevis – 42 |
| Bolivia – 16 | Guatemala – 40 | Saint Lucia – 47 |
| Brazil – 37 | Guyana – 45 | St Vincent & Grenadines – 46 |
| Chile – 45 | Haiti – 38 | Suriname – 38 |
| Colombia – 34 | Honduras – 43 | Trinidad & Tobago – 49 |
| Costa Rica – 76 | Jamaica – 63 | Uruguay – 40 |
| Cuba – 6 | Mexico – 108 | Venezuela – 26 |
That being said, there are some similarities to the regions above in terms of a downturn in post-war constitutional writing. The group contains 12 post-war constitutions that have never been replaced (i.e., that were enacted post-1945 and are still in force): Antigua and Barbuda (1981), The Bahamas (1973), Barbados (1966), Belize (1981), Chile (1980), Colombia (1991), Costa Rica (1949), Dominica (1978), Jamaica (1962), Saint Kitts and Nevis (1983), Saint Lucia (1978), and Saint Vincent and Grenadines (1979). That amounts to more than one-third of the constitutions in this region.
There are also some interesting discrepancies between pre-war and post-war constitution length, which demonstrates that more constitutional writing took place pre-war than post-war. Pre-war constitutions in this region had a mean of 17.86 years, while post-war constitutions have a mean of over thirty years (30.78). Some countries produced noticeable differences in this category. Venezuela’s pre-war constitutions lasted an average of 6.5 years, while their post-war constitutions have lasted an average of 15 years. Peru’s pre-WWII constitutions lasted 12.75 years, whereas their post-war constitutions have lasted almost double that length (23 years). Honduras’ eleven pre-war constitutions lasted an average of 9.91 years, and their three post-war constitutions have lasted an average of 22.67 years.
Table 5. Mean Length of Pre/Post WWII Constitutions (number of constitutions in brackets)
| Country | Pre-WWII | Post-WWII |
| Bolivia | 9.42 (12) | 13.3 (6) |
| Brazil | 24.4 (5) | 26.33 (3) |
| Chile | 16.7 (10) | 45 (1) |
| Colombia | 20.13 (8) | 34 (1) |
| Costa Rica | 11.88 (9) | 76 (1) |
| Cuba | 10.2 (5) | 14.4 (5) |
| Dominican Republic | 4.3 (23) | 7.8 (10) |
| El Savador | 11.5 (9) | 19.75 (4) |
| Haiti | 7.05 (20) | 14.4 (5) |
| Honduras | 9.91 (11) | 22.67 (3) |
| Nicaragua | 14 (7) | 19.25 (4) |
| Panama | 21 (2) | 39.5 (2) |
| Peru | 12.75 (12) | 23 (2) |
| Venezuela | 6.5 (18) | 15 (5) |
Not every country experienced a decrease from pre-war to post-war, and there were five countries where constitutional writing was more frequent post-war than pre-war. Argentina’s pre-war constitutions lasted an average of 37.5 years, while their post-war constitutions have only lasted an average of 14.75 years. The full list is in Table 6.
Table 6. Mean Length of Pre/Post WWII Constitutions (number of constitutions in brackets)
| Country | Pre-WWII | Post-WWII |
| Argentina | 37.5 (4) | 14.75 (4) |
| Ecuador | 7.73 (15) | 6.33 (12) |
| Guatemala | 33.3 (3) | 13.3 (6) |
| Paraguay | 38.5 (4) | 29 (2) |
| Uruguay | 40.3 (3) | 24.3 (3) |
This region is historically more open to constitutional tinkering, but the post-war evidence demonstrates that constitutional writing is slowing overall. Although the region is still more dynamic than the two groups analysed above, the slowdown remains noticeable.
Conclusion
This post has sought to provide more context to claims of increased constitution-making in the post-WWII period, looking at this from a regional perspective. It has also set out to supplement some of the data on constitutional longevity. I don’t have the space here to investigate why constitutional writing in these regions has slowed in the post-war period or what may be the implications of this downturn. Suffice it to say that many of these arguments are playing out now in the literature, from ‘frozen republics’ and increased constitutional idolatry to increased polarization, judicial aggrandizement, and electoral volatility. At the very least, I hope that some of this material is useful for scholars when discussing constitutional endurance, constitutional replacement, and the myriad of issues connected to these fascinating topics.
Suggested citation: Brian Christopher Jones, Post-WWII Constitutional Downturn? An Empirical Analysis, Int’l J. Const. L. Blog, Nov. 22, 2025, at: http://www.iconnectblog.com/post-wwii-constitutional-downturn-an-empirical-analysis
[1] Many thanks to Tom Ginsburg and Zachary Elkins for comments and clarifications on the data used for this post, and thanks to David Landau for comments on a previous version of this post.