- 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 orenacting 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 1789Declaration 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] ). InCanada , the preamble to theConstitution Act, 1867 was cited by theSupreme Court of Canada in theProvincial Judges Reference , to increase guarantees tojudicial independence . InIndia , the Supreme Court frequently rules unconstitutional amendments which violate theBasic Structure of the Constitution, especially its Preamble.In the United States, some judges have held that the
necessary-and-proper clause in thepreamble 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 ofEurope . Likewise, inAustralia 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 orheader . In the case ofSpecific Area Message Encoding for theEmergency Alert System in theUnited States , for example, the preamble is used forcalibration .
*In television, preambles are used forvertical synchronization andvertical interval timecode . Similarly, inBinary Synchronous Communications , preambles are used for "sync character s."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
*
Wikimedia Foundation. 2010.