Legal significance of the preamble: With special reference to the constitutional and legal significance

Abstract

Preamble is a contemporary way for some elements of different written acts to be defined. Therefore, preamble is commonly introductory clause or clauses, usually located at the begining of the act which it is prefixed. Preamble may be very often a part of some legal acts. It could also be found in other written acts which are not necessarily legal by its nature. Therefore, it is wildly spread. Central problem in relation to preamble is the question of its legal binding and the scope of it. The specific is the significance of the preamble in constitutional law: it may consists of declaration on motive for delivery of constitution, declaration on politically crucial moments in history and it could define objectives of new constitutional system, or the solution of some urgent political question. In the last two cases legal obligation of preamble is beyond any despute. In theory, other approaches could also be found concerning the question of legal binding of preamble clauses.

Keywords

• introduction
• legal binding
• declaration
• constitution
• objective