Introduction of the First Written Constitution to the Maldives: A Historical Appraisal

Abstract

The Maldives holds a distinguished position as one of the earliest nations in the Muslim world and South Asia to adopt a written constitution. Understanding the genesis and evolution of its first written constitution is crucial for comprehending the broader legal history of the nation. This study aims to explore the historical development of the first written constitution, the motivations behind its creation, and its unique constitutional features. One of the major achievements of this constitution was the establishment of a democratic foundation harmonized with Islamic Sharia, transitioning the Maldives from an absolute hereditary monarchy to an elected monarchy. This transition from an absolute hereditary monarchy to an elected monarchy marked the beginning of the future democracy in the Maldives. One of the key constitutional limitations introduced was the curtailment of the king's absolute power, mandating that he adhere to the constitution and to the rule of law. Despite the short survival of the first constitution, its profound influence paved the way for the continuity of constitutional governance in the Maldives. This enduring legacy is reflected in the series of constitutions adopted between 1932 and 2008, highlighting the transformative and lasting impact of the Maldives' first written constitution.