Constitutional Preambles: More than Just a Narration of History

27 Pages Posted: 3 Feb 2020

See all articles by Justin O. Frosini

Justin O. Frosini

Bocconi University - Department of Law; Johns Hopkins University - SAIS Europe

Date Written: January 9, 2017

Abstract

While often overlooked as a mere introduction to a country's constitution, a preamble may provide insight into certain issues that the framers were unable to work into the articled provisions. In many conutries, these preambles are actually binding from a legal perspective and play a role in constitutional interpretation. This article explores the language and content of five countries’ constitutions, beginning with the United States and France and mvoing on to highlight three other constitutions (Bosnia and Herzegovina, Colombia and India) where the preamble has become of utmost importance. Preambles do not simply contain flowery introductory language, but are present to remind the reader why the constitution was approved in the first place.

Keywords: Preamble, Constitution, Classification, Comparative Law, Classification, History, Legal Value

Suggested Citation

Frosini, Justin Orlando, Constitutional Preambles: More than Just a Narration of History (January 9, 2017). University of Illinois Law Review, Vol. 2, 2017, Bocconi Legal Studies Research Paper No. 3516805, Available at SSRN: https://ssrn.com/abstract=3516805 or http://dx.doi.org/10.2139/ssrn.3516805

Justin Orlando Frosini (Contact Author)

Bocconi University - Department of Law ( email )

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Milan, 20136
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HOME PAGE: http://didattica.unibocconi.it/mypage/index.php?IdUte=49440&cognome=FROSINI&nome=JUSTIN%20ORLANDO&ur

Johns Hopkins University - SAIS Europe ( email )

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HOME PAGE: http://www.jhu.edu/

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