Chapter 3 The Historical and Legal Significance of Constitutional Preambles: a Case Study on the Ukrainian Constitution of 1996
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Abstract
Located at a crossroads between politics and law, constitutional preambles often represent the outcome of debates between different political forces over the founding principles of the Constitution. The discussions that took place during the drafting of the Preamble to the Ukrainian Constitution provide an insightful case study of this phenomenon. Influenced by its Soviet past and an unstable political environment, Ukraine has seen severe struggles among the political parties in order to reach an agreement over issues of particular sensitivity to the nation. By examining the case of Ukraine and its 1996 Constitution, this chapter also aims to contribute to the debate concerning the legal value of constitutional preambles.