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Question

Legal Studies Question on Topics of Law

What are the features of Preamble?

Answer

The Preamble of a constitution is an introductory statement that sets out the guiding principles, objectives, and aspirations of the constitution. While the specific features may vary depending on the constitution, some common features of a preamble include: Statement of intent: The preamble often begins with a statement indicating the purpose and intent of the constitution, such as "We, the people," expressing that the constitution is made by and for the people. Source of authority: The preamble may specify the source of authority from which the constitution derives its power, such as "We, the people of [country], hereby adopt and establish this constitution." Sovereignty and democracy: The preamble may affirm the principles of sovereignty and democracy, emphasizing that power lies with the people and the government is representative and accountable to them. Fundamental values and ideals: The preamble typically highlights the core values, principles, and ideals that the constitution seeks to uphold, such as justice, liberty, equality, fraternity, human rights, social harmony, and the rule of law. National goals and objectives: The preamble may outline the broad goals and objectives that the constitution aims to achieve, such as promoting the welfare of the people, ensuring economic and social progress, fostering unity and integration, and safeguarding national security. Historical context: The preamble may provide a brief historical context or reference to events or circumstances that led to the drafting and adoption of the constitution. Commitment to international obligations: In some cases, the preamble may express a commitment to uphold international treaties, conventions, or obligations that the country has ratified. People as the ultimate authority: The preamble often emphasizes the role of the people as the ultimate source of power and their collective determination to secure the rights, freedoms, and well-being of all citizens. While the preamble is not typically considered legally enforceable in the same way as other provisions of the constitution, it serves as an important interpretative tool and reflects the spirit and aspirations of the constitution. It helps in understanding the overarching principles and goals that underpin the constitutional framework.