TEKST PREAMBULE KAO POMOĆNA METODA TUMAČENJA USTAVA
TEXT OF THE PREAMBLE AS A SECONDARY METHOD OF CONSTITUTIONAL INTERPRETATION

Summary/Abstract: The constitutions of most countries have an introductory part - the preamble, which leads the normative part of the constitution. Preambles often contain general rules and principles on which the state is founded, then the basic human rights and freedoms, social aims and national development, such as sovereignty, independence, integrity, democracy, rule of law, liberty, equality. Sometimes constitutions themselves resolve the question of the legal nature of the preamble, but if that is missing - form and content of the preamble determine its legal nature on which depends constitutional-legal binding force of the preamble. Preamble is an integral part of the Constitution of Bosnia and Herzegovina and can have a normative character. According to the decision of the Constitutional Court number U 5/98, preamble can be seen as an act which through the entire Constitution includes normative principles and values. However, the impact of certain sentences of the preamble to the interpretation of the Constitution is not the same, because all the sentences don’t have the same normative value. The fact that the text of the preamble is not only secondary method of interpretation, for the Constitution of Bosnia and Herzegovina is very significant.

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