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First Words:The Preamble to the Australian Constitution

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McKenna, Mark
Simpson, Amelia
Williams, George J

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UNSW Press

Abstract

A preamble to a legal instrument, such as a statute or constitution, is an introductory passage or statement that precedes the operative or enforceable parts of the document. Constitutional preambles may articulate and give legitimacy to profound political change. They can provide purpose and rationale, elucidate intention, and potentially serve as the declaration of belief for a political community. They are often the first words of ‘the people’, their raison d’être and their cri de coeur. For this reason, unlike many other sections of a constitution, the importance of constitutional preambles is not confined to the legal and political arena. Culturally specific, their simple but direct language may permeate the social and cultural fabric, acting as a potential totem for state, community and individual.

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University of New South Wales Law Journal

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Open access via publisher website
Open access via publisher website

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Restricted until

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