Preamble

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.
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-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.
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