English
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The Preamble in Constitutional Interpretation
Through a qualitative analysis of the legal status of preambles in different common law and civil law countries, this article highlights a recent trend in comparative constitutional law: the growing use of preambles in constitutional adjudication and constitutional design. The article also explores the theory of preambles and their functions. The article also presents a typology for determining the legal status of preambles: a symbolic preamble, an interpretive preamble, and a substantive preamble. The articles discusses certain countries and the EU (Treaty of Lisbon).
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Country / Territory
Australia, Israel, United States