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{{Short description|Introductory section of a document which states its purpose and philosophy}}
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{{Use dmy dates|date=April 2023}}
{{More citations needed|date=October 2007}}
[[File:UNITED NATIONS - PREAMBLE TO THE CHARTER OF THE UNITED NATIONS - NARA - 515901.jpg|right|thumb|The [[preamble to the United Nations Charter]]]]
A '''preamble''' ({{etymology|la|preambulum|preliminary, preface}}) is an introductory and expressionary 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.

In the [[United States of America|American]] context of [[parliamentary procedure]], according to [[Robert's Rules of Order]], a preamble consists of "Whereas" clauses that are placed before the resolving clauses in a [[Resolution (law)|resolution]] (formal written [[Motion (parliamentary procedure)|motion]]).<ref name=":0">{{Cite book|title = Robert's Rules of Order Newly Revised|last = Robert|first = Henry M.|publisher = Da Capo Press|year = 2011|isbn = 978-0-306-82020-5|location = Philadelphia, PA|pages = 107|edition = 11th|display-authors = etal|url = https://books.google.com/books?id=O8zExFMa0SkC&pg=PA107}}</ref> However, preambles are not required to be placed in resolutions.<ref name=":0" /> According to Robert's Rules of Order, including such background information may not be helpful in passing the resolution.<ref name=":0" />

==Legal effect==
While preambles may be regarded as unimportant introductory matter, their words may have effects that may not have been foreseen by their drafters.

===France===
<!-- "Decision 71-44 DC of 16 July 1971" and "1971 Freedom of Association Decision" redirect here. -->
{{Further ill|Constitutional block|fr|Bloc de constitutionnalité}}

In [[France]], the preamble to the [[constitution of the Fifth Republic]] of 1958 was considered ancillary and therefore non-binding until a major jurisprudential reversal by the [[Constitutional Council of France|Constitutional Council]] in the {{ILL|decision of 16 July 1971|fr|Décision Liberté d'association}}.<ref>[[Decision 71-44 DC of 16 July 1971|Decision no. 71-44 DC]], known as "Liberté d'association" ("Freedom of association"): https://www.conseil-constitutionnel.fr/en/decision/1971/7144DC.htm</ref> This decision, which began with the words "Having regard to the constitution and its preamble," effected a considerable change in French constitutional law, as the preamble and the texts it referred to, the [[Declaration of the Rights of Man and of the Citizen]] of 1789 and the preamble to the [[constitution of the Fourth Republic]], took their place alongside the constitution proper as texts understood as being invested with constitutional value. The [[Charter for the Environment|Charter of the Environment of 2004]] was later appended to the preamble, and the Constitutional Council identified three informal categories consisting of the [[fundamental principles recognized by the laws of the Republic]], the {{ill|principles of constitutional value|fr|Principes à valeur constitutionnelle|v=sup}}, and the {{ill|objectives of constitutional value|fr|Objectif de valeur constitutionnelle|v=sup}}.

===Canada===
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]].

===Bosnia and Herzegovina===
The Bosnian [[Constitutional Court of Bosnia and Herzegovina|Constitutional Court]], particularly citing the case law of the Supreme Court of Canada, also declared that the provisions of the preamble of the Bosnian [[Constitution of Bosnia and Herzegovina|Constitution]] are invested with a normative force thereby serving as a sound standard of judicial review for the Constitutional Court.<ref>Constitutional Court of Bosnia and Herzegovina, U-5/98 (Partial Decision Part 3), para. 26, [[Sarajevo]], 1 July 2000.</ref>

===European Union===
Due to concern over its potential effects, the draft preamble of the proposed [[Treaty establishing a Constitution for Europe|European Constitution]], in 2002, caused much controversy because of the possible inclusion of a [[Constitutional references to God|reference to the Christian heritage of Europe]].  

===Australia===
Likewise, in [[Australia]] in 1999, a [[Australian referendum, 1999 (Preamble)|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 worried with how the preamble could be interpreted and applied.<ref>Goldsworthy, Jeffrey.  "The Preamble, Judicial Independence and Judicial Integrity."  ''FORUM Constitutionnel'' (2000)</ref>

===India===
[[File:India-constitution-preamble.svg|alt=|thumb|The preamble to the [[Constitution of India]]]]
The '''Preamble to the Constitution of the Republic of India''' is based on the Objectives Resolution, which was moved in the Constituent Assembly by [[Jawaharlal Nehru]] on 13 December 1946 accepted on 22 January 1947 and adopted by the  [[Constituent Assembly of India|Constituent Assembly]] on 26 November 1949, coming into force on [[Republic Day (India)|26 January 1950]], celebrated as the [[Republic Day (India)|Republic Day]] of India, and was initially drafted by [[Jawaharlal Nehru]].<ref name="p534">{{cite book |last=Leone |first=F. |url=https://books.google.com/books?id=itS-DwAAQBAJ&pg=PA224 |title=Prophet and Statesmen in Crafting Democracy in India: Political Leadership, Ideas, and Compromises |publisher=Lexington Books |year=2019 |isbn=978-1-4985-6937-8 |page=224}}</ref> In [[India]], the Supreme Court frequently rules unconstitutional amendments which violate the [[Basic Structure]] of the [[Fundamental rights in India |Constitution]], especially its Preamble.{{cn|date=May 2022}}

==See also==
*[[Preamble and Title 1 of the Swiss Federal Constitution]]
*[[Constitution of the Philippines#Preamble of the 1987 Constitution|Preamble to the 1987 Constitution of the Philippines]]
*[[Preamble to the 1997 Constitution of Fiji]]
*[[Preamble to the Albanian Constitution]]
*[[Preamble to the Canadian Charter of Rights and Freedoms]]
*[[Preamble to the Constitution of India]]
*[[Preamble to the United Nations Charter]]
*[[Preamble to the United States Constitution]]

==References==
{{Reflist}}
*{{EB1911|wstitle=Preamble|volume=22|page=265}}

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[[Category:Legal terminology]]
[[Category:Legal documents]]
[[Category:Preambles| ]]