The Book review - Preamble to the Federal Constitution (UJUCASP, 2021)

Abstract

Bringing together jurists and researchers from diverse fields, the book "The Preamble of the Federal Constitution”, seen from different perspectives, offers a robust overview of the nature, function, and hermeneutic force of the Preamble to the 1988 Constitution. The collection examines the axiological content of the preamble, its relationship to state secularism, religious freedom, and fraternity as a constitutional principle, as well as specific areas such as canon law, public law, and education. Some studies argue that the Preamble integrates the Constitution as an interpretative guideline endowed with normative depth; others emphasize its historical-cultural dimension, notably the invocation "under the protection of God," without this converting the State into a confessional state. The articles engage with Supreme Federal Court case law, records of the National Constituent Assembly, and preambles of foreign constitutions, composing a comparative mosaic. The collection stands out for its methodological plurality and its effort to articulate values such as dignity, justice, the common good, peace, and fraternity-all announced at the outset of the 1988 Constitution-with concrete problems of constitutional interpretation. As a contribution, the book strengthens the understanding of the Preamble as the “ground zero” of Basic Law and as a key to a systematic reading of the legal system, without losing sight of the civilizing pact expressed by the constituents. The work is of interest to constitutionalists, legal historians, and legal practitioners who deal with conflicting principles, religious freedom, public policies, and rights education.