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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.
A living document, also known as an evergreen document or dynamic document, is a document that is continually edited and updated. [1] An example of a living document is an article in Wikipedia, an online encyclopedia that permits anyone to freely edit its articles; this is in contrast to "dead" or "static" documents, such as an article in a single edition of the Encyclopædia Britannica.
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 ...
One counterargument is that the Constitution is a "living document" that has survived for over 200 years because not everything is "spelled out." In the area of the War Powers Clause, the flexibility provided by the requirement for a congressional statute for a declaration of war and constitutional interpretation could be sufficient.
A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten.
For example, in Pennsylvania, over several elections, the congressional elections in districts drawn by the Republican legislature resulted in Democrats' receiving between 45% and 51% of the ...
The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler.
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.