In law, the preamble is an introduction to a norm.
The concept of preamble comes from praeambulus , a Latin word that refers to that which “stands in front.” The preamble, therefore, is a kind of preface or prologue that is pronounced before starting a presentation or speech.
For example: “The preamble to the conference was too long for my taste,” “Today's class will have a preamble, since I am interested in you understanding why we are going to talk about this topic,” “The preamble to the Constitution explains the bases on which the laws are based.”
Preamble in the right
In the field of law , the preamble is the introduction that precedes the rules that form part of a law or a constitution and is also known as the explanatory statement or recitals . It is generally considered that the preamble is not included in the regulations, although it contributes to its interpretation.
The reason why a preamble is prepared arises from the need for the rules set out after it not to appear to have been created arbitrarily, since it allows us to put forward the reasons that led to its sanction, delve into its purpose and the reasons. for which they were conceived. In many cases, this preface takes the form of a program that is launched from the establishment of the rules that follow it.
It is common for a Constitution to have a preamble.
Interpretation according to jurisprudence
In the preamble, the legislator has the freedom to address certain current or political points of view that cannot be included in the norm. Tradition indicates that the preamble does not have validity at a normative level; It should not be complied with in a mandatory manner and not even the courts or judges should abide by its content, as they should the rest of the document they head.
The jurisprudence of each country may interpret the meaning of the preamble of its Constitution in a different way, although all tend to share that, as stated in the previous paragraph, it does not have a normative value . In Spain, for example, it was established in 1990 that its content cannot be used to consider the constitutional nature of an action; On the other hand, Colombia established the opposite in 1992, that is, that any law that violates the objectives or principles of its preamble must be considered unconstitutional.
This shows that it is not entirely correct to say that the preamble is absolutely invalid; On the contrary, after a long time of debate on the matter, experts in the field came to the conclusion that this text represents an important source when trying to interpret a standard . Since the legislator is the same person who dictates the law and who writes the preamble, both start from the same points of view and needs, and contain similar structures in their writing.
In this sense we talk about interpreting a norm through teleology , a branch of metaphysics related to the study of the objectives of a being or object; In other words, it is the philosophical doctrine focused on final causes. The study of a preamble allows for a teleological interpretation of a norm since the same purposes are perceived in both parts.
The Preamble of the National Constitution of the Argentine Republic , to cite one of these texts , states that the Magna Carta has objectives such as “ensuring justice” and “promoting general well-being.”
The notion of preamble in colloquial language
In colloquial language, a preamble is usually called the detours , digressions or turns that a person takes before expressing something or beginning to discuss a topic.
“Leave aside the preamble and tell me why you are here” is a phrase that appeals to this use of the notion.