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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 long title or enacting formula of a law. 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 Image:Leaving Yongsan Station.jpg, 300px, Motion involves a change in position In physics, motion is the phenomenon in which an object changes its position (mathematics), position over time. Motion is mathematically described in terms of Displacem ...
). However, preambles are not required to be placed in resolutions. According to Robert's Rules of Order, including such background information may not be helpful in passing the resolution.


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
France France (), officially the French Republic (french: link=no, République française), is a country primarily located in Western Europe, consisting of metropolitan France and Overseas France, several overseas regions and territories. The metro ...
, the preamble to the constitution of the Fifth Republic of 1958 was considered ancillary and therefore non-binding until a major jurisprudential reversal by the Constitutional Council in a decision of 16 July 1971. This decision, which began with the words "Having regard to the constitution and its preamble," affected a considerable change of French constitutional law, as the preamble and the texts it referred to, the Declaration of the Rights of Man and of the Citizen of 1789 and the preamble to the constitution of the Fourth Republic, took their place alongside the constitution proper as texts understood as being invested with constitutional value.


Canada

In
Canada Canada is a country in the northern part of North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean, Atlantic to the Pacific Ocean, Pacific and northward into the Arctic Ocea ...

Canada
, the preamble to the
Constitution Act, 1867 The ''Constitution Act, 1867'The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. (french: Loi constitutionnelle de 1867, originally enacted as ''The British North America Act, 1867' ...
was cited by the
Supreme Court of Canada Supreme may refer to: * Supreme (brand), a clothing brand based in New York * Supreme (comics), a comic book superhero * Supreme (cookery), a term used in cookery * Supreme (film), ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-h ...

Supreme Court of Canada
in the Provincial Judges Reference, to increase guarantees to judicial independence. In
India India (Hindi: ), officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by population, second-most populous country, the List of countries and dependencies by area, seventh-largest ...

India
, the Supreme Court frequently rules unconstitutional amendments which violate the Basic Structure of the Constitution, especially its Preamble. The Bosnian Constitutional Court of Bosnia and Herzegovina, Constitutional Court, particularly citing the case law of the Supreme Court of Canada, also declared that the provisions of the preamble of the Bosnian Constitution of Bosnia and Herzegovina, Constitution are invested with a normative force thereby serving as a sound standard of judicial review for the Constitutional Court.


Europe

Due to concern over its potential effects, the draft preamble of the proposed Treaty establishing a Constitution for Europe, European Constitution, in 2002, caused much controversy because of the possible inclusion of a Constitutional references to God, reference to the Christian heritage of Europe.


Australia

Likewise, in Australia in 1999, a Australian referendum, 1999 (Preamble), 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 worried with how the preamble could be interpreted and applied.Goldsworthy, Jeffrey. "The Preamble, Judicial Independence and Judicial Integrity." ''FORUM Constitutionnel'' (2000)


List of notable preambles

*Preamble to the United Nations Charter *Preamble to the Constitution of India *Preamble to the United States Constitution *Constitution of the Philippines#Preamble of the 1987 Constitution, Preamble to the 1987 Constitution of the Philippines *Preamble to the Canadian Charter of Rights and Freedoms *Preamble and Title 1 of the Swiss Federal Constitution *1997 Constitution of Fiji: Preamble, Constitution of Fiji: Preamble *Preamble to the Albanian Constitution


References

* {{Authority control Legal terminology Legal documents Preambles,