Book Title: Constitutional Interpretation

Publisher: Edward Elgar Publishing

Abstract: While constitutional preambles are ubiquitous, their legal status and actual relevance for adjudication is a matter of dispute in many jurisdictions. We discuss four ways in which preambles have been used in constitutional interpretation: as rhetorical flourishes that, while still relevant to legitimise judicial decisions, are not legally necessary; as justifications for choosing between interpretations of other constitutional provisions; as enforceable rules in themselves; and as ’meta-constitutional law’ that identifies unamendable parts of the constitution. Our four case studies – United States, Brazil, France, and India – show preambles shaping constitutional interpretation over time, sometimes independently from their formal legal status; they also point to the relevance of potential differences between the content of the preamble and of the rest of the constitution. Considering these developments, we argue that, today, constitution-makers should not assume that whatever they write in preambles will have only political, not legal, relevance in the future.