The legal value of the preamble in constitutions
Keywords:
- Preamble - Legal Value - Jurisprudential Opinion - Constitutional TextsAbstract
Abstract:The constitutions is considered the cornerstone of the legal state, and is characterized by its supremacy and sovereignty. Constitutional rules are characterized by supremacy, as the constitution is the foundation upon which the state is built and is the supreme and highest law therein. The constitution is the foundation for building the legal state, as it is the first law therein, and it has priority and distinction over all other laws. Any law that conflicts with the constitution is considered null and void. Every state has a constitution, and the constitutional document includes articles of the constitution, which begin sequentially with Article 1, etc. At the beginning of every constitution is an introduction or (preamble), which is considered an integral part of the constitutional document, as stipulated in the constitution. It includes a set of human principles and values, and declarations of human rights.
The preamble has legal value equal to the constitutional texts, and is considered a restriction on the state's powers and institutions, which derive their existence and legitimacy from it and from the rest of the constitutional texts, as they are an integral part of each other. Accordingly, some jurists believe that the preamble has legal value equal to constitutional texts. Therefore, the judiciary must abide by the preamble and consider it as it appears in the constitutional document. This is the view of the majority of jurists, i.e., the preamble is recognized and acknowledged as being equal to the texts in the constitutional document. Others, however, deny this, arguing that the preamble is outside the constitutional document. They argue that if the legislator had intended to recognize it, he would have included it within the document. As for the legal status of the preamble, some believe it is superior to the texts of the constitutional document, while others consider it equal to the constitutional texts.
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