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This concept is mentioned briefly in the preamble of the Constitution of 1946. The preamble of the constitution of 1958 references the 1946 preamble, and the constitutional judges, in their "freedom of association" ruling, decision n°71-44 DC of 16 July 1971, [1] gave constitutional force to this preamble. [a]
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 current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic (French: la Constitution de la Cinquième République), [1] and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a 1971 decision of the Constitutional Council. [2]
In France, the preamble to the constitution of the Fifth Republic of 1958 was considered ancillary and therefore non-binding until a major jurisprudential reversal by the Constitutional Council in a decision of 16 July 1971. [4]
The Preamble to the United States Constitution, beginning with the words We the People, is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. Courts have referred to it as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped the Constitution ...
This provision is incorporated into the preamble of France's 1958 constitution. [2] [9] As of 2012, 42 countries recognize a right to resist in their constitution and another three formerly recognized such a right. [40] Most of these countries are located in Latin America, Western Europe, or Africa. [41]
The French constitution of 4 October 1958 provides for revisions.. The revision of the Constitution under Article 89 of the Constitution: [1] Constitutional revisions are initiated by the President of France on a proposal by the French Prime Minister and members of the French Parliament.
The 1791 French Constitution was viewed as a starting point, the Declaration providing an aspirational vision, a key difference between the two Revolutions. Attached as a preamble to the French Constitution of 1791, and that of the 1870 to 1940 French Third Republic, it was incorporated into the current Constitution of France in 1958. [2]