The central idea of this study is to locate the expression on ‘customary international law’ in the constitutions around the globe. Needless to say, there is no uniformity in the constitutions on the expression used to refer to the customary international law. Some of the expressions are so nuanced that they may not fit in any of the sources of international law referred to in Article 38 of the Statute of the ICJ.
In this article we will analyse the reference of God or deity in the preamble of modern constitutions and the nature of the State, i.e., Secular or theocratic. We will also look forward to see as to whether these constitutions also declare the State as a secular country along with specifically referring to God or deity in the preamble of the constitution.
In this article we will examine the contents of the preambles of 45 modern constitutions, adopted in the year 2000 onward. A preamble contains several elements such as, reference to country’s history, reference to God/deity, International Law, International Organizations, International Human Rights Treaties, political thought, environment etc. In this article we will only focus on the reference to country’s history.