The Preamble to the Constitution

Nevertheless, as George Winterton has suggested, the Preamble ‘will inevitably be employed in constitutional interpretation’, although its persuasiveness will continue to be a matter of debate. According to Gregory Craven, the ordinary rules of statutory construction and analogous principles of constitutional interpretation suggest that the Preamble can be determinative of a legal question only where it assists in resolving existing ambiguity in the substantive provisions of the Constitution. Craven is clearly correct. The Preamble should not be ascribed the same legal effect as an operative provision.