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)
| Label | Occurrences |
|---|---|
| living tree doctrine (in comparative constitutional law) canonical | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T1950161 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: living tree doctrine (in comparative constitutional law) Context triple: [living Constitution theory, relatedConcept, living tree doctrine (in comparative constitutional law)]
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A.
living Constitution theory
The living Constitution theory is a legal philosophy holding that the U.S. Constitution’s meaning can evolve over time to address contemporary social, political, and technological realities without formal amendment.
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B.
Law and religion in the United States
Law and religion in the United States is the field that examines how constitutional principles, statutes, and court decisions govern the relationship between religious institutions, individual religious freedom, and government actions.
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C.
The Principle of Federation
The Principle of Federation is a political treatise by Pierre-Joseph Proudhon that outlines his vision of a decentralized, federalist social order as an alternative to both centralized state power and capitalism.
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D.
The Court and the Constitution
The Court and the Constitution is a scholarly book by legal scholar and former U.S. Solicitor General Archibald Cox examining the role and evolution of the Supreme Court in interpreting the U.S. Constitution.
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E.
The Right to the Use of the Earth
"The Right to the Use of the Earth" is a chapter in Herbert Spencer’s 1851 work *Social Statics* in which he argues, from a natural-rights perspective, that land is a common heritage of all people and critiques private land ownership.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: living tree doctrine (in comparative constitutional law) Target entity description: 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.
-
A.
living Constitution theory
The living Constitution theory is a legal philosophy holding that the U.S. Constitution’s meaning can evolve over time to address contemporary social, political, and technological realities without formal amendment.
-
B.
Law and religion in the United States
Law and religion in the United States is the field that examines how constitutional principles, statutes, and court decisions govern the relationship between religious institutions, individual religious freedom, and government actions.
-
C.
The Principle of Federation
The Principle of Federation is a political treatise by Pierre-Joseph Proudhon that outlines his vision of a decentralized, federalist social order as an alternative to both centralized state power and capitalism.
-
D.
The Court and the Constitution
The Court and the Constitution is a scholarly book by legal scholar and former U.S. Solicitor General Archibald Cox examining the role and evolution of the Supreme Court in interpreting the U.S. Constitution.
-
E.
The Right to the Use of the Earth
"The Right to the Use of the Earth" is a chapter in Herbert Spencer’s 1851 work *Social Statics* in which he argues, from a natural-rights perspective, that land is a common heritage of all people and critiques private land ownership.
- F. None of above. chosen
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)
|
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Subject: living tree doctrine (in comparative constitutional law) Description of subject: 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.
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.