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.

All labels observed (1)

How this entity was disambiguated

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
Commonwealth countries
surface form: Caribbean Commonwealth states (as comparative authority)

Hong Kong, China
surface form: Hong Kong (as comparative authority)

United Kingdom law
surface form: United Kingdom (as persuasive authority in constitutional contexts)

How these facts were elicited

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

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