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Preamble
 
 
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A preamble is an introductory and explanatory 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 long title
Long title

The long title is one of the parts, together with the short title, and the operative provisions , which comprise an Act of Parliament or Bill in the United Kingdom and other countries with Westminster-based political systems....
 or enacting formula of a law.

e preambles may be regarded as unimportant introductory matter, their words may have effects that may not have been foreseen by their drafters.






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A preamble is an introductory and explanatory 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 long title
Long title

The long title is one of the parts, together with the short title, and the operative provisions , which comprise an Act of Parliament or Bill in the United Kingdom and other countries with Westminster-based political systems....
 or enacting formula of a law.

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. For instance, it is on the basis of the preamble to the French Constitution, mentioning the solemn regard of the French Republic towards the principles set forth in the 1789 Declaration of the Rights of Man and of the Citizen
Declaration of the Rights of Man and of the Citizen

The Declaration of the Rights of Man and of the Citizen is a fundamental document of the French Revolution, defining the individual and collective rights of all the estates of the realm as universal....
 that the Constitutional Council
Constitutional Council of France

The Constitutional Council was established by the Constitution of France on 4 October 1958. It is the highest constitutional authority in France....
 has declared certain laws to be unconstitutional
Constitutionality

Constitutionality is the status of a law, a procedure, or an act's accordance with the laws or guidelines set forth in the applicable constitution....
 (the first case being ). In Canada
Canada

Canada is a country occupying most of northern North America, extending from the Atlantic Ocean in the east to the Pacific Ocean in the west and northward into the Arctic Ocean....
, the preamble to the Constitution Act, 1867
Constitution Act, 1867

The Constitution Act, 1867 , constitutes a major part of Canada's Constitution of Canada. The Act entails the original creation of a federation dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, the Canadian House of Commons, the Canadian Senate, the justice system, and the taxation sys...
 was cited by the Supreme Court of Canada
Supreme Court of Canada

The Supreme Court of Canada is the supreme court of Canada and is the final court of appeal in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, and its decisions are stare decisis, binding upon all lower courts of...
 in the Provincial Judges Reference
Provincial Judges Reference

The Provincial Judges Reference [1997] 3 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the judicial independence and impartiality of Court system of Canada judges....
, to increase guarantees to judicial independence
Judicial independence

Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests....
. In India
India

India, officially the Republic of India , is a country in South Asia. It is the List of countries and outlying territories by total area country by geographical area, the List of countries by population country, and the most populous liberal democracy in the world....
, the Supreme Court frequently rules unconstitutional amendments which, violate the Basic Structure
Basic structure

The "Basic Structure" doctrine is the judge-made doctrine whereby certain features of the Constitution of India are beyond the limit of the powers of amendment of the Parliament of India....
 of the Constitution, especially its Preamble.The preamble is just a cover page to the constitution.

Due to concern over its potential effects, the redaction of the preamble of the proposed European Constitution, in 2002, has caused much controversy because of the possible inclusion of references to the Christian
Christianity

Christianity is a Monotheistic religion #Christian view religion centered on the life and teachings of Jesus as New Testament view on Jesus' life....
 heritage of Europe
Europe

Europe is, conventionally, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally divided from Asia to its east by the water divide of the Ural Mountains, the Ural , the Caspian Sea, and by the Caucasus Mountains to the southeast....
. Likewise, in Australia
Australia

Australia, officially the Commonwealth of Australia, is a country in the southern hemisphere comprising the Australia of the world's smallest continent, the major island of Tasmania, and numerous list of islands of Australia in the Indian Ocean and Pacific Oceans....
 in 1999, a referendum on whether to adopt a new preamble was accompanied by a promise that the preamble, if adopted, could not be enforceable by the courts, as some were concerned with how the preamble could be interpreted and applied.

See also

  • Preamble to the United States Constitution
    Preamble to the United States Constitution

    The Preamble to the United States Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution is meant to serve....
  • Preamble to the United Nations Charter
    Preamble to the United Nations Charter

    The Preamble to the United Nations Charter is the opening of the United Nations Charter....
  • Preamble to the Constitution of India
    Constitution of India

    The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishing the structure, procedures, powers and duties, of the government and spells out the fundamental rights, Directive Principles in India and duties of citizens....
  • Preamble to the revised 1987 Constitution of the Philippines
    Constitution of the Philippines

    The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President of the Philippines Corazon Aquino, and is popularly known as the "1987 Constitution"....
  • Preamble to the Canadian Charter of Rights and Freedoms
    Preamble to the Canadian Charter of Rights and Freedoms

    The preamble to the Canadian Charter of Rights and Freedoms is the introductory sentence to the Constitution of Canada's Canadian Charter of Rights and Freedoms and Constitution Act, 1982....
  • Constitution of Fiji: Preamble
    Constitution of Fiji: Preamble

    The Constitution of Fiji begins with a Preamble, which sets out the historical, cultural, and political reasons for the drafting of the 1997 Constitution....