The preamble of the constitution in the european constitutionalism

• Autores: Martin Belov
• Localización: Revista General de Derecho Romano, ISSN-e 1697-3046, Nº. 20, 2013
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • This article is devoted to the analysis of the nature, the content and partially to the functions of the constitutional preambles. A typology of the constitutional preambles has also been accomplished. The article explores the interrelation of the constitutional preambles with the constitutional ontology, constitutional symbolics, constitutional axiology, constitutional teleology and institutional issues concerning the human rights or the state bodies. Furthermore it explains the role of the constitutional preambles for the reflexivity, reactivity, affirmativity and proactivity of the constitutions. The comparative and historic analysis of the constitutional preambles adopted since the beginning of the West European constitutionalism allows the conclusion that with regard to their content and functions they may serve alternatively or simultaneously as mirror of the constitution, family photo album of the ruler and the nation, drum of the herald or ethical code of the nation.