living tree doctrine (in comparative constitutional law)

E219780

The living tree doctrine is a principle in comparative constitutional law that views a constitution as an evolving, organic instrument whose meaning can grow and adapt over time to contemporary conditions and values.

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Statements (45)

Predicate Object
instanceOf constitutional law doctrine ⓘ
principle of constitutional interpretation ⓘ
appliedInContext division of powers in federal systems ⓘ
gender equality in constitutional law ⓘ
minority rights in constitutional law ⓘ
appliesTo constitutional interpretation ⓘ
federalism provisions in constitutions ⓘ
rights provisions in constitutions ⓘ
category doctrines of constitutional evolution ⓘ
teleological approaches to constitutional interpretation ⓘ
contrastedWith frozen concepts doctrine ⓘ
coreIdea a constitution is an evolving, organic instrument ⓘ
constitutional interpretation should reflect contemporary conditions and values ⓘ
constitutional meaning can grow and adapt over time ⓘ
criticizedFor potentially expanding judicial discretion ⓘ
debatedBy constitutional scholars ⓘ
defendedFor maintaining constitutional relevance over time ⓘ
field Canadian constitutional law ⓘ
comparative constitutional law ⓘ
formulatedByJudge John Sankey, 1st Viscount Sankey ⓘ
hasImplication constitutional meaning can respond to technological and social developments ⓘ
constitutional provisions are not confined to framers’ original expectations ⓘ
courts may recognize new applications of existing constitutional rights ⓘ
influenced Canadian federalism jurisprudence ⓘ
interpretation of the Canadian Charter of Rights and Freedoms ⓘ
influencedBy common law tradition of incremental development ⓘ
keyMetaphor constitution as a living tree capable of growth and expansion within its natural limits ⓘ
opposes originalism ⓘ
strict constructionism in constitutional interpretation ⓘ
originatedInCase Edwards v Canada (Attorney General) ⓘ
originatedInCourt Judicial Committee of the Privy Council ⓘ
originatedInJurisdiction Canada ⓘ
originatedInYear 1929 ⓘ
relatedConcept evolutionary interpretation in international human rights law ⓘ
living constitution theory in United States constitutional law ⓘ
relatedTo dynamic interpretation of constitutions ⓘ
purposive interpretation ⓘ
requires interpretation within the constitution’s natural limits ⓘ
respect for the text and structure of the constitution ⓘ
supports adaptation of constitutional norms to social change ⓘ
broad and liberal interpretation of constitutional rights ⓘ
usedInJurisdiction Canada ⓘ
Caribbean Commonwealth states (as comparative authority) ⓘ
Hong Kong (as comparative authority) ⓘ
linked to: Hong Kong, China

United Kingdom (as persuasive authority in constitutional contexts) ⓘ
linked to: United Kingdom law

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living Constitution theory → relatedConcept → living tree doctrine (in comparative constitutional law) ⓘ