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Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
The Living Constitution, or judicial pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended. The Constitution is said [ by whom? ] to develop alongside society's needs and provide a more malleable tool for governments.
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do.
The interpretation of the Canadian Charter of Rights and Freedoms also makes use of the living tree doctrine. Chief Justice Antonio Lamer stated in Re B.C. Motor Vehicle Act, "If the newly planted 'living tree' which is the Charter is to have the possibility of growth and adjustment over time, care must be taken to ensure that historical materials, such as the Minutes of Proceedings and ...
Living Constitution / Living tree / Living instrument; Originalism (original meaning) Original intent (legislative intent, legislative history) Strict constructionism; Textualism; Purposive approach; Common good constitutionalism; Legal realism; Legal process; Legal formalism
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
Progressives must embrace the Constitution's limits on governmental power, including federalism and separation of powers, in order to defend the nation's foundational charter and prevent the ...
Living Constitution / Living tree / Living instrument; Originalism (original meaning) Original intent (legislative intent, legislative history) Strict constructionism; Textualism; Purposive approach; Common good constitutionalism; Legal realism; Legal process; Legal formalism
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