preambles

Preambles are introductory statements at the start of legal documents such as constitutions, treaties, and statutes. They set out the document’s aims, values, and context, and they may guide interpretation of the operative provisions that follow. The word preamble comes from Latin praeambulus, meaning going before, via Old French preambule.

In constitutional and international law, preambles are common. A constitution’s preamble often states objectives like forming a more perfect union, establishing justice, ensuring domestic tranquility, providing for the common defense, promoting the general welfare, and securing liberty for present and future generations. Treaties and international charters likewise include preambles that explain the reasons for agreement and the shared goals of the parties.

Legal effect varies by jurisdiction. In many systems, a preamble is not legally binding and cannot create rights or powers; it mainly informs interpretation. Some civil-law jurisdictions or certain constitutional doctrines treat preambles as part of the text or as a guide to meaning. For example, the Indian Constitution regards the preamble as part of the Constitution and uses it to illuminate its spirit; the 42nd amendment added terms like socialist and secular. In the United States, the preamble is not a source of powers or rights, but it can aid understanding of the Constitution’s purposes.

Notable examples include the United States Constitution’s preamble, the preambles to various international instruments such as the UN Charter, and numerous national constitutions. Preambles thus perform a clarifying, aspirational, or justificatory role, rather than functioning as operative law in most systems.