Considérants

Considérants is the plural form of a legal term used in Francophone legal drafting to denote the recitals or whereas clauses found in statutes, decrees, and other legal instruments. These clauses set out the factual background, legal authorities, and policy reasons that justify the act being enacted. In many civil law jurisdictions, considérants precede the operative provisions and are typically introduced with phrases such as Considérant que or Attendu que.

Structure and content of considérants vary, but they commonly reference sources of authority, prior laws, factual circumstances, and the goals the law intends to achieve. They may describe problems the measure seeks to address, indicate constitutional or statutory powers relied upon, and outline the intended scope or beneficiaries of the act. Although considered non-operative, considérants are often consulted during interpretation and can illuminate the purpose behind the legal text.

Function and impact: considérants help explain the rationale of the legislation and can influence its interpretation, especially when ambiguities arise in the operative provisions. They are not usually sources of enforceable rights, but they provide contextual guidance for courts, administrators, and other actors enforcing the law.

Variations and translation: in bilingual or English-language texts, considérants are commonly translated as recitals or whereas clauses. The practice is typical in France, Belgium, Canada (notably Québec), and many jurisdictions influenced by French legal tradition, though some modern texts may minimize or omit recits in certain types of instruments.

See also: recitals (law), whereas clause, legal drafting, civil law.