A Critique of the Legal Regimes for Constitutional Preambles

Abstract

Globally, constitutional preamble has now become the contemporary norm in most jurisdictions as the easiest way by which a constitution can express popular values. Most constitutional preambles have been couched to denote quintessential expression of national values which flows from the citizens themselves. Most often, preambles speaks in the name of a distinct people, whether real or fictional; who are the creators and subjects of the constitutional order. In some other situations, preambles depict autobiographical narratives, legitimation of specific local actions, historical moments and organization. This article exhaustively examines global influence of constitutional preambles. It has been found, amongst others, that since constitutional preamble offers an opportunity for expressing the distinctiveness of the nation and her citizens, it has often been rated than any other part of the constitution.