A Comparative Approach to Amendments to Constitutional Preambles: Questions of Amendability, Substance, and Reasons

Abstract

Preambles of constitutions tend to express general principles, overarching values, and aspirational ideas that underpin the whole constitution. Whether they are deemed legally binding or not, their special character seems to suggest that constitutional preambles should be difficult to amend and that amendment of them should occur only rarely. Attention seldom extends beyond this, however: there is a distinct lack of comprehensive comparative analysis of amendments to constitutional preambles, with these preambles remaining the least researched part of constitutions. The paper represents an effort to fill this void by presenting a comparative empirical analysis of amendments to constitutional preambles around the world. After providing an overview of what sets constitutional preambles apart from the main body of constitutions and analysing their overall amendability, it reports specific results from empirical research into amendments to constitutional preambles, which identified 55 constitutional events occurring since 1949 that have resulted in some change in a constitutional preamble. The paper offers a typology of those amendments, from 42 countries, which involves 20 general characteristic elements of preambles, of which amendments related to political movements, ideology, or ideologues / political leaders were identified as most frequent. Lastly, it directs focus to the socio-political and other factors that lead to amendments in constitutional preambles.