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Constitutional Preambles: A Comparative Analysis


ISBN13: 9781785368141
Published: June 2017
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £109.00



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While their use and significance have increased in recent decades, constitutional preambles have received only scant attention in academic literature.

This book presents a uniquely quantitative and qualitative analysis of all the preambles currently in force around the world and addresses fascinating questions concerning their occurrence, content, style, function and legal status. Studying preambles not only helps us understand the phenomenon itself, but also teaches us more about constitutions and constitutional systems in which they are situated.

Constitutional Preambles illuminates the great variety that constitutional preambles display. What all preambles seem to have in common, however, is that they are professions of faith: professions of faith in the law expressed in the constitution that ensues. The authors discuss the different styles, legal and non-legal functions and content of the preambles and analyse their use in the courts. The book also contains a carefully curated anthology of the world's preambles in English.

This book will be of particular interest to researchers in the field of comparative constitutional law. It will also be of interest to the broader legal community and to advisors in government or NGOs with an interest in constitutional drafting and interpretation.

Subjects:
Constitutional and Administrative Law
Contents:
1. Introduction
2. Preambles: a Stocktaking
3. The Content of Preambles
4. The Language of Preambles
5. The Functions of Preambles
6. Two Prototypes: the US and France
7. Preambles from Other States
8. By Way of Conclusion: the Mystery and End of Preambles
Index