Montenegrin Constitutional Preamble – Simply a Wishful Plan? - Historical and Comparative Context

This paper takes as subject the preamble to the current Constitution of Montenegro of 2007. First, the concept of preamble and its legal nature, the origins and content of the preamble to the constitutions of the world are investigated. Second, precursors of the preambles in Yugoslavia, preambles to the constitutions of Montenegro, compared with the constitutions of the Socialist Federal Republic of Yugoslavia and Federal Republic of Yugoslavia are presented. Furthermore, preambles to the constitutions in the countries of Central Europe, Eurasian countries and the countries created on the territory of the former Yugoslavia are discussed. We used the historical, exegetical, axiological, normative, and comparative method in conduct of this research. The central part of the paper relates to the preamble to the Constitution of Montenegro of 2007, which consists of five determinations: basis of constitutional legitimacy – citizens' referendum decision to live in the independent and sovereign state of Montenegro; basic values on which the state organization of Montenegro rests – civil concept of the state; the conviction of the state's responsibility for preservation of nature, healthy environment, sustainable development, balanced development of all its areas; the establishment of social justice and commitment to equal cooperation with other nations and states and European and Euro-Atlantic integrations. All determinations are analysed within the relationship of indivisibility and mutual dependence. Regarding the legal nature of the preamble, the question arose as to whether it has a legal character or is a solemn introduction to it, which can only have the character of a political declaration or program document. In analyzing contents of specific constitutional preambles, which also contain rules of conduct, such as the preamble of the French constitution from 1958 or the Constitution of Montenegro of 1992, then the preamble is of equal rank in legal terms with other parts of the constitution – it holds the highest legal obligation.