The Preamble Of Usa And Canada: A Comparative Study
The Preamble is the first section of the Constitution. Every constitution has a preamble to it. The following is a comparison of the preambles of the United States and Canada:
The Preamble of the Constitution of USA
The Preamble of the constitution of the USA declares,“We the people of United States, in order to form a more perfect union, establish justice, insure domestictranquility, provide for the common defence, promote the general welfare, and secure theblessing of liberty to ourselves, and our posterity, do ordain and establish this Constitution for theUnited States of America”.
In its most precise form, the preamble of the United States Constitution contains a "declaration" and a descriptive objective. The declaration states that the people of the United States “ordain and establish” the United States of America Constitution.
The preamble of India's constitution, on the other hand, serves two purposes:
• It identifies the source of the constitution's authority, as well as the source of the constitution's authority.
• It also identifies the goals and objectives that the constitution aims to achieve.
The Indian Constitution, like the United States Constitution, strikes one as a monumental document drafted by men of great eminence and patriotism. There is undoubtedly a difference in phraseology and emphasis between the US Constitution and India's – more than a century and a half had passed between the adoptions of the two Constitutions, many world events of far-reaching social and economic consequence had occurred in the interim, and people's ideas had undergone radical transformations.
The United States of America's constitution is the supreme law of the land. It protects the rights to one's person, property, and liberty. It is worth noting, however, that these rights were incorporated into the constitution through a series of amendments made after the constitution was ratified. The original draught of the constitution did not include them. Individual liberty has been effectively protected by subsequent amendments. Women gained the right to vote only 133 years later, with the 19th amendment. The citizen's rights are enforced through the use of the judicial system.
Except through a constitutional amendment, these rights cannot be modified or suspended. The United States of America's constitution is based on popular sovereignty, which is attributed to the people. Unlike the United Kingdom, where the head of state is a hereditary monarchy, the United States of America is a republic, with the president elected by the people. The people are the source of the constitution's authority. As a result, the United States Constitution is a one-of-a-kind document that presents a constitutional model that is vastly different from that of the United Kingdom. Its stability and strength are the envy of the world's various constitutions. It has been chosen by some developing democracies, such as Sri Lanka and Pakistan. The constitution has a sacred quality to it. It has its own shrine at the pinnacle of American adoration.
The Preamble of the Constitution of Canada
Many laws, as well as political conventions and judicial practises, make up Canada's constitution. The preamble states that the provinces of Canada, Nova Scotia, and New Brunswick, have expressed their desire to be federally united into one domain under the crown, with a constitution similar to that of the United Kingdom in terms of principles. The fourfold goal is stated in the constitution's preamble:
• To realise the desire of Canada's constituent units to form a union under the crown.
• That such a union would be beneficial to the provinces' welfare and the British Empire's interests.
• The establishment of a legislative authority and an executive government.
• To allow other parts of British North America to join the union in the future.
In comparison to the Canadian Preamble, the Indian Preamble states that the primary goal of the state is to:
• To create a state that is democratic, republican, sovereign, socialist, and secular.
• To achieve social, economic, and political justice;
• The freedom to think, express oneself, believe, have faith, and worship;
• Status and opportunity equality; and
• Fraternity ensures the individual's dignity as well as the nation's unity and integrity.
Because the Indian Preamble lays out the basic structure of the Indian Constitution in a way that the Preambles of Canada and the United States do not, it can be concluded that the Indian Preamble is more structured than the Preambles of the United States and Canada.