There are differing opinions among scholars as to the legal force of constitutional preambles. Based on research worldwide, this chapter addresses the topic by first classifying preambles according to their content and then by examining the legal significance that is attributed to them in a selected number of countries. Special attention is given to how preambles are used in constitutional adjudication by Constitutional and Supreme Courts and whether they constitute an instrument (or, on the contrary, an obstacle) in progressive constitutional interpretation.
Changing Notions of Democracy: a Comparative Analysis of Constitutional Preambles
FROSINI, JUSTIN ORLANDO
2011
Abstract
There are differing opinions among scholars as to the legal force of constitutional preambles. Based on research worldwide, this chapter addresses the topic by first classifying preambles according to their content and then by examining the legal significance that is attributed to them in a selected number of countries. Special attention is given to how preambles are used in constitutional adjudication by Constitutional and Supreme Courts and whether they constitute an instrument (or, on the contrary, an obstacle) in progressive constitutional interpretation.
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