Preambles' Legal Value, Main Qualifications and the 1982 Constitution: A Comparative Analysis


İstanbul Medipol Üniversitesi Hukuk Fakültesi Dergisi, vol.4, no.2, pp.43-82, 2017 (Peer-Reviewed Journal) identifier


The preambles, as introductory parts of the laws, international agreements and constitutions, are used in different legal cultures in the world. In Turkey, 1961 and 1982 constitutions are introduced by the preambles. Comparative constitutional law method are quite useful tool to understand commonalities and differences among the constitutions and depict a picture of legal problems faced with and solutions developed for them emerging from the specific topic researched. The article uses comparative constitutional law methodology. The scope of research is worldwide but not the all constitutions. The work covers 156 recorded written constitutions, around 75% of total number of world constitutions. This article, after giving a historical background on preambles in law and theoretical insights into constitutional preambles, firstly aims to analyse legal force of the preambles in world constitutions by taking constitutional provisions on legal status of preambles and high court decisions about the legal value of these introductory parts of the constitutions which are usually not written by legal terminology. The second aim is to make a comparative analysis of the preambles of the constitutions worldwide by evaluating the formal and substantive features of constitutions. Lastly, the legal status, formal and substantive qualities of the preambles of last two constitutions of Turkey be summarised and they are be compared by the main patterns detected in the preambles of world constitutions.