Preamble

Apreambleis 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 thelong titleorenacting formulaof a law.

Inparliamentary procedureusingRobert's Rules of Order,a preamble consists of "Whereas" clauses that are placed before the resolving clauses in aresolution(formal writtenmotion).^[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

InFrance,the preamble to theconstitution of the Fifth Republicof 1958 was considered ancillary and therefore non-binding until a major jurisprudential reversal by theConstitutional Councilin thedecision of 16 July 1971[fr].^[2]This decision, which began with the words "Having regard to the constitution and its preamble," effected a considerable change in French constitutional law, as the preamble and the texts it referred to, theDeclaration of the Rights of Man and of the Citizenof 1789 and the preamble to theconstitution of the Fourth Republic,took their place alongside the constitution proper as texts understood as being invested with constitutional value. TheCharter of the Environment of 2004was later appended to the preamble, and the Constitutional Council identified three informal categories consisting of thefundamental principles recognized by the laws of the Republic,theprinciples of constitutional value^[fr],and theobjectives of constitutional value^[fr].

Canada

InCanada,the preamble to theConstitution Act, 1867was cited by theSupreme Court of Canadain theProvincial Judges Reference,to increase guarantees tojudicial independence.The BosnianConstitutional Court,particularly citing the case law of the Supreme Court of Canada, also declared that the provisions of the preamble of the BosnianConstitutionare invested with a normative force thereby serving as a sound standard of judicial review for the Constitutional Court.^[3]

European Union

Due to concern over its potential effects, the draft preamble of the proposedEuropean Constitution,in 2002, caused much controversy because of the possible inclusion of areference to the Christian heritage of Europe.

Australia

Likewise, inAustraliain 1999, areferendumon 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 worried with how the preamble could be interpreted and applied.^[4]

India

The preamble to theConstitution of India

InIndia,the Supreme Court frequently rules unconstitutional amendments which violate theBasic Structureof theConstitution,especially its Preamble.^{[citation needed]}

References

^^a ^b ^cRobert, Henry M.; et al. (2011).Robert's Rules of Order Newly Revised(11th ed.). Philadelphia, PA: Da Capo Press. p. 107.ISBN 978-0-306-82020-5.
^Decision no. 71-44 DC,known as "Liberté d'association" ( "Freedom of association" ):https:// 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)

This article incorporates text from a publication now in thepublic domain:Chisholm, Hugh,ed. (1911). "Preamble".Encyclopædia Britannica.Vol. 22 (11th ed.). Cambridge University Press. p. 265.

[:0-1] Robert, Henry M.; et al. (2011).Robert's Rules of Order Newly Revised(11th ed.). Philadelphia, PA: Da Capo Press. p. 107.ISBN 978-0-306-82020-5.

[2] Decision no. 71-44 DC,known as "Liberté d'association" ( "Freedom of association" ):https:// conseil-constitutionnel.fr/en/decision/1971/7144DC.htm

[3] Constitutional Court of Bosnia and Herzegovina, U-5/98 (Partial Decision Part 3), para. 26,Sarajevo,1 July 2000.

[4] Goldsworthy, Jeffrey. "The Preamble, Judicial Independence and Judicial Integrity."FORUM Constitutionnel(2000)

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