Preamble

Preamble

A preamble is an introductory 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

it is part of the us constitutionWhile preambles may be regarded as unimportant introductory matter, their words may have effects that may not have been foreseen by their drafters. For instance, it is on the basis of the preamble to the French Constitution, mentioning the solemn regard of the French Republic towards the principles set forth in the 1789 Declaration of the Rights of Man and of the Citizen that the Constitutional Council has declared certain laws to be unconstitutional (the first case being [http://www.conseil-constitutionnel.fr/decision/1971/7144dc.htm decision 71-44DC] ). In Canada, the preamble to the Constitution Act, 1867 was cited by the Supreme Court of Canada in the Provincial Judges Reference, to increase guarantees to judicial independence. In India, the Supreme Court frequently rules unconstitutional amendments which violate the Basic Structure of the Constitution, especially its Preamble.

In the United States, some judges have held that the necessary-and-proper clause in the preamble to the United States Constitution allows the U.S. federal government to act freely in any of the areas mentioned in the preamble, a view challenged repeatedly by judges of the Originalist philosophy.

Due to concern over its potential effects, the redaction of the preamble of the proposed European Constitution, in 2002, has caused much controversy because of the possible inclusion of references to the Christian heritage of Europe. Likewise, in Australia in 1999, 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. [Goldsworthy, Jeffrey. "The Preamble, Judicial Independence and Judicial Integrity." "FORUM Constitutionnel" (2000) 11:2.]

Other meanings

*In telecommunications and other areas of technology, a preamble is the introduction to a message or header. In the case of Specific Area Message Encoding for the Emergency Alert System in the United States, for example, the preamble is used for calibration.
*In television, preambles are used for vertical synchronization and vertical interval timecode. Similarly, in Binary Synchronous Communications, preambles are used for "sync characters."

References

*1911

ee also

*Preamble to the United Nations Charter
* Preamble to the Constitution of India
*Preamble to the United States Constitution
*Preamble to the Canadian Charter of Rights and Freedoms
*


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Synonyms:
(especially of a legislative act), , ,


Look at other dictionaries:

  • preamble — pre·am·ble / prē ˌam bəl, prē am / n [Middle French preambule, from Medieval Latin preambulum, from Late Latin, neuter of preambulus walking in front of, from Latin prae + ambulare to walk]: an introductory statement (as to a contract); esp: the… …   Law dictionary

  • Preamble — Pre am ble, v. t. & i. To make a preamble to; to preface; to serve as a preamble. [R.] Feltham. Milton. [1913 Webster] …   The Collaborative International Dictionary of English

  • Preamble — Pre am ble, n. [LL. praeambulum, from L. praeambulus walking before, fr. praeambulare to walk before; prae before + ambulare to walk: cf. F. pr[ e]ambule. See {Amble}.] A introductory portion; an introduction or preface, as to a book, document,… …   The Collaborative International Dictionary of English

  • preamble — (n.) late 14c., from O.Fr. preambule (13c.), from M.L. preambulum, neuter adjective used as a noun, properly preliminary, from L.L. praeambulus walking before, from L. prae before (see PRE (Cf. pre )) + ambulare to walk (see AMBLE (Cf. amble)) …   Etymology dictionary

  • preamble — *introduction, prologue, prelude, preface, foreword, exordium …   New Dictionary of Synonyms

  • preamble — ► NOUN ▪ a preliminary statement; an introduction. ORIGIN Old French preambule, from Latin praeambulus going before …   English terms dictionary

  • preamble — [prē′am΄bəl, prē am′bəl] n. [ME < MFr preambule < ML praeambulum, neut. of LL praeambulus, going before < L praeambulare, to precede < prae , before + ambulare, to go: see AMBLE] 1. an introduction, esp. one to a constitution, statute …   English World dictionary

  • preamble — UK [prɪˈæmb(ə)l] / US noun [countable] Word forms preamble : singular preamble plural preamble formal 1) an introduction to a document, speech, or report explaining its purpose 2) something that happens or comes before something else The fighting …   English dictionary

  • preamble — A prefatory statement most aptly illustrated by the fifty two words at the beginning of the Constitution of the United States. A clause in a statute, following the title and preceding the enacting clause, explanatory of the reasons for the… …   Ballentine's law dictionary

  • preamble — pre|am|ble [priˈæmbəl US ˈpri:æmbəl] n [U and C] [Date: 1300 1400; : French; Origin: préambule, from Late Latin praeambulus walking in front ] formal a statement at the beginning of a book, document, or talk, explaining what it is about preamble… …   Dictionary of contemporary English

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