Историјско порекло и садржина преамбула савремених устава
Historical Origins and Content of the Preambles of the Contemporary Constitutions

Author(s): Darko Simović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Comparative Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Preamble; Constitution; Sovereignty; Constitutional history; Comparative constitutional law;
Summary/Abstract: The claim that the preamble of the Constitution is an unjustly neglected legal phenomenon has become a common observation in modern constitutional literature. Without any significant research, there were prejudices that their content is primarily of a declarative nature and that they lack prescriptive value. Undoubtedly, one of the reasons for the marginalization of the preamble in scientific and expert discussions is the fact that its legal nature has not been clarified. The fact that the preamble is a predominant feature within the structure of the Constitution leads to the conclusion that the preamble must not remain a neglected legal phenomenon. However, increasing interest in this legal phenomenon is the result of modern trends in the sphere of comparative law, which recognizes an increasing number of examples of legally relevant preambles of the constitution. A small number of constitutions foresee mandatory legal effects of the preamble. Additionally, the number of countries in which comparative law practice has established the legal relevance of the preamble is growing. On one hand, the preamble is used as a tool in the interpretation of unclear constitutional norms, while on the other, it serves as a measure of the constitutionality of the law. The preamble, depending on its content, can have legally binding power, although the framers of the constitution may not have explicitly intended it. This increasing trend of the constitution having to be analyzed as a unique, integral whole is fueling all-inclusive research of this unjustifiably neglected section of the constitutional structure. Hence, this paper aims to analyze the historical origins and content of the preambles of modern constitutions.

• Details
• Contents