Preamble
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A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the
In parliamentary procedure using Robert's Rules of Order, a preamble consists of "Whereas" clauses that are placed before the resolving clauses in a resolution (formal written motion).[1] However, preambles are not required to be placed in resolutions.[1] According to Robert's Rules of Order, including such background information may not be helpful in passing the resolution.[1]
Legal effect
While preambles may be regarded as unimportant introductory matter, their words may have effects that may not have been foreseen by their drafters.
France
In
Canada
In
European Union
Due to concern over its potential effects, the draft preamble of the proposed European Constitution, in 2002, caused much controversy because of the possible inclusion of a reference to the Christian heritage of Europe.
Australia
Likewise, in
India
In
See also
- Preamble and Title 1 of the Swiss Federal Constitution
- Preamble to the 1987 Constitution of the Philippines
- Preamble to the 1997 Constitution of Fiji
- Preamble to the Albanian Constitution
- Preamble to the Canadian Charter of Rights and Freedoms
- Preamble to the Constitution of India
- Preamble to the United Nations Charter
- Preamble to the United States Constitution
References
- ^ ISBN 978-0-306-82020-5.
- Decision no. 71-44 DC, known as "Liberté d'association" ("Freedom of association"): https://www.conseil-constitutionnel.fr/en/decision/1971/7144DC.htm
- ^ Constitutional Court of Bosnia and Herzegovina, U-5/98 (Partial Decision Part 3), para. 26, Sarajevo, 1 July 2000.
- ^ Goldsworthy, Jeffrey. "The Preamble, Judicial Independence and Judicial Integrity." FORUM Constitutionnel (2000)
- public domain: Chisholm, Hugh, ed. (1911). "Preamble". Encyclopædia Britannica. Vol. 22 (11th ed.). Cambridge University Press. p. 265. This article incorporates text from a publication now in the