Preambles introduce and explain the purpose of a document. While sometimes seen as unimportant, preambles have been cited in court rulings to increase judicial independence in Canada and uphold the basic constitutional structure in India. Due to concerns over potential effects, draft preambles have caused controversy regarding references to things like Europe's Christian heritage or how they could be interpreted.
Preambles introduce and explain the purpose of a document. While sometimes seen as unimportant, preambles have been cited in court rulings to increase judicial independence in Canada and uphold the basic constitutional structure in India. Due to concerns over potential effects, draft preambles have caused controversy regarding references to things like Europe's Christian heritage or how they could be interpreted.
Preambles introduce and explain the purpose of a document. While sometimes seen as unimportant, preambles have been cited in court rulings to increase judicial independence in Canada and uphold the basic constitutional structure in India. Due to concerns over potential effects, draft preambles have caused controversy regarding references to things like Europe's Christian heritage or how they could be interpreted.
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 long title or enacting formula of a law. Legal effect[edit] While preambles may be regarded as unimportant introductory matter, their words may have effects that may not have been foreseen by their drafters. In anada, the preamble to the onstitution Act, !"#$ was cited by the %upreme ourt of anada in the Provincial &udges 'eference, to increase guarantees to judicial independence. In India, the %upreme ourt fre(uently rules unconstitutional amendments which violate the )asic %tructure of the onstitution, especially its Preamble. *he )osnian onstitutional ourt, particularly citing the case law of the %upreme ourt of anada, also declared that the provisions of the preamble of the )osnian onstitution are invested with a normative force thereby serving as a sound standard of judicial review for the onstitutional ourt. +!, -ue to concern over its potential effects, the draft preamble of the proposed .uropean onstitution, in /00/, caused much controversy because of the possible inclusion of a reference to the hristian heritage of .urope. 1i2ewise, in Australia in !33", 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. +/
A Practical Companion to the Constitution: How the Supreme Court Has Ruled on Issues from Abortion to Zoning, Updated and Expanded Edition of <i>The Evolving Constitution</i>