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The Preamble serves solely as an introduction and does not assign powers to the federal government, [3] nor does it provide specific limitations on government action. Due to the Preamble's limited nature, no court has ever used it as a decisive factor in case adjudication, [4] except as regards frivolous litigation. [5]
A preamble (from Latin preambulum 'preliminary, preface') is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute.
The Preamble to the Constitution of India is based on the Objectives Resolution, which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950, celebrated as the Republic Day of India, and was initially drafted by Jawaharlal Nehru. [1]
The amended constitution has a preamble and 470 articles, [b] which are grouped into 25 parts. [ c ] [ 34 ] With 12 schedules [ d ] and five appendices, [ 34 ] [ 50 ] it has been amended 105 times ; the latest amendment became effective on 15 August 2021.
The text requires no additional action by Congress or anyone else after ratification by the required number of states. [133] Thus, when the Office of the Federal Register verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is ...
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the ...
Although the Preamble is not a substantive provision, the courts have used it as a guide to the interpretation of the Constitution of Canada, particularly unwritten constitutional principles which inform the history and meaning of the Constitution. The Constitution Act, 1867 is the constitutional statute which established Canada.
Legal theorist Martin David Kelly argues that the question of whether a provision of a constitution (or of legislation, or of other kinds of texts or 'utterances' more generally) should be given its original or current meaning (the 'meaning issue') arises only if it is capable of applying across time (i.e. its application is not limited to the ...