Sorry, you need to enable JavaScript to visit this website.
Skip to main content

The Preamble in Constitutional Interpretation

Through a qualitative analysis of the legal status of preambles in different common law and civil law countries, this article highlights a recent trend in comparative constitutional law: the growing use of preambles in constitutional adjudication and constitutional design. The article also explores the theory of preambles and their functions. The article also presents a typology for determining the legal status of preambles: a symbolic preamble, an interpretive preamble, and a substantive preamble. The articles discusses certain countries and the EU (Treaty of Lisbon).

Author
Liav Orgad
Date
Keywords  Preamble,  Constitutional Court,  Academic Article
Country / Territory  Australia,  Israel,  United States