세계 각국 헌법 전문(前文)의 비교

Abstract

Preamble to the Constitution refers to a sentence or provision placed before the text of the Constitution, which consists of a part of the Constitutions. Preamble to the Constitution declares the historical origin and the basic principle of constitution, and also declares its constitutional commitment. The purpose of Preamble to the Constitution is to identify the subject and the procedure of Constitutions as well as the motive, purpose and ideology of Constitution showing the identify of Constitutions, but it is not included in the text along with appendix, and is not essential element of written constituions. However, the written constitutions around the world have the preamble. This study targets total 16 countries that have Preamble to the Constitution including our country. What we want to obtain through the comparison of Constitutions is the accurate understanding of practical application of Constitutions, which are the target of comparison, and its ultimate goal is to secure the optimized constitutional normative power by specify the similarity or difference of preamble shown from individual and concrete application of each country. The comparison method of preamble to achieve this goal can be classified into formal aspect and practical aspect. Preamble to the Constitution is positioned in the front of text, so the actual benefit of comparison is not that big. Therefore, the core contents should be identified through practical aspect comparison. In this case, it is important which factor should be based. This study compares and analyzes the contents of preamble to the Constitution based on, first subjects and procedures, second, history and future, third, justice, fourth, diversity, fifth, freedom and equality, sixth, peace and solidarity, and seventh, the Declaration of Federal Constitutions. In our country, whenever there is discussion on constitutional amendment, it is argued that the May 18 Democratization Movement and the June 1987 Struggle should be included in the Preamble to the Constitution. As the level of people’s awareness on Preamble to the Constitution gets higher, for example, there is an attempt to include the things which is difficult to add to the text of Constitution such as respectful treatment to civilian army activity. The comparison of Constitutions largely serves as a useful material for raising the awareness of Constitutions, contributing to the international reunification of Constitutions, and revising Constitutions. This study on the preamble to the Constitution around the world is thought to function as the criteria that can judge the effectiveness whether May 18 Democratization Movement and the June 1987 Struggle, which are being argued that it should be included in the Preamble to the Constitution, has such a value.