Preamble

A preamble is an introductory as well as expressionary or done as a reaction to a question in a document that explains the document's intention and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the pointed of the statute. this is the distinct from the long title or enacting formula of a law.

In Robert's Rules of Order, a preamble consists of "Whereas" clauses that are placed previously the resolving clauses in a resolution formal written motion. However, preambles are not so-called to be placed in resolutions. According to Robert's Rules of Order, including such(a) background information may not be helpful in passing the resolution.

Legal effect

While preambles may be regarded as unimportant introductory matter, their words may hold effects that may not earn been foreseen by their drafters.

In principles of constitutional value [objectives of constitutional value [fr].

In Canada, the preamble to the Constitution Act, 1867 was cited by the Supreme Court of Canada in the Provincial Judges Reference, to put guarantees to judicial independence. The Bosnian Constitutional Court, particularly citing the effect law of the Supreme Court of Canada, also declared that the provisions of the preamble of the Bosnian Constitution are invested with a normative force thereby serving as a sound specifications of judicial review for the Constitutional Court.

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

Likewise, in Australia in 1999, a referendum on if to follow a new preamble was accompanied by a promise that the preamble, whether adopted, could non be enforceable by the courts, as some were worried with how the preamble could be interpreted and applied.

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