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preamble

 
Dictionary: pre·am·ble   (prē'ăm'bəl, prē-ăm'-) pronunciation
n.
  1. A preliminary statement, especially the introduction to a formal document that serves to explain its purpose.
  2. An introductory occurrence or fact; a preliminary.

[Middle English, from Old French preambule, from Medieval Latin praeambulum, from neuter of praeambulus, walking in front : prae-, pre- + ambulāre, to walk; see ambulate.]

preambulary pre·am'bu·lar'y (-byə-lĕr'ē) adj.

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Thesaurus: preamble
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Law Encyclopedia: Preamble
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This entry contains information applicable to United States law only.

A clause at the beginning of a constitution or statute explaining the reasons for its enactment and the objectives it seeks to attain.

Generally a preamble is a declaration by the legislature of the reasons for the passage of the statute, and it aids in the interpretation of any ambiguities within the statute to which it is prefixed. It has been held, however, that a preamble is not an essential part of an act, and it neither enlarges nor confers powers.

Word Tutor: preamble
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pronunciation

IN BRIEF: The part of the beginning of a document that tells its reason and purpose.

pronunciation It is a good idea to read the preamble of any important document so you will know the reason for the document being written.

Wikipedia: Preamble
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A preamble is an introductory and explanatory 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

While 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 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. The preamble is just a cover page to the constitution.

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 a reference to the Christian heritage of Europe. Likewise, in Australia in 1998, 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.[1]

References

  1. ^ Goldsworthy, Jeffrey. "The Preamble, Judicial Independence and Judicial Integrity." FORUM Constitutionnel (2000) 11:2.it is found at the head of an act.


See also


Misspellings: preamble
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Common misspelling(s) of preamble

  • preample

Translations: Preamble
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Dansk (Danish)
n. - indledning

Nederlands (Dutch)
aanloop, inleiding, voorlopig feit

Français (French)
n. - préambule

Deutsch (German)
n. - Vorbemerkung, Einleitung, Präambel

Ελληνική (Greek)
n. - προοίμιο, πρόλογος, (νομ.) εισαγωγή, αιτιολογική έκθεση

Italiano (Italian)
preambolo

Português (Portuguese)
n. - preâmbulo (m)

Русский (Russian)
преамбула

Español (Spanish)
n. - preámbulo

Svenska (Swedish)
n. - inledning, företal

中文(简体)(Chinese (Simplified))
前文, 前言, 序文

中文(繁體)(Chinese (Traditional))
n. - 前文, 前言, 序文

한국어 (Korean)
n. - (법률, 조약 따위의) 전문

日本語 (Japanese)
n. - 序文, 前文, 前置き

العربيه (Arabic)
‏(الاسم) استهلال, مقدمه, ديباجه‏

עברית (Hebrew)
n. - ‮הקדמה, מבוא, פתיחה‬


 
 

 

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Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.  Read more
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