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Preamble

A preamble is an introductory statement in a document that explains the document's purpose, underlying philosophy, and justification. It is often used in constitutions, statutes, treaties, and other legal documents to provide context and clarity.

A preamble is generally not considered to be legally binding in and of itself; that is, it doesn't create or confer rights or impose obligations. However, it can be a valuable tool for interpreting the document's operative provisions. Courts and other interpreters may look to the preamble to understand the intentions of the drafters and to resolve ambiguities in the main body of the document.

Key features of a preamble include:

  • Purpose: States the reasons why the document was created.
  • Context: Provides background information relevant to the subject matter of the document.
  • Justification: Explains the legitimacy or necessity of the document.
  • Guiding Principles: Articulates the values and principles that underpin the document.

While a preamble typically precedes the operative clauses of a document, it is a distinct section and should not be confused with the main text that actually establishes laws, rights, or obligations. It serves as an important guide to the document’s meaning and intent, but its primary function is explanatory rather than prescriptive. The length and detail of a preamble can vary significantly depending on the document it introduces.