| Living Tree Doctrine |
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| constitution of canada | |
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The living tree doctrine has been deeply entrenched into Canadian constitutional law since the seminal constitutional case of ''. This means that the Constitution cannot be interpreted in the same way as an ordinary statute. Rather, it must be read within the context of society to ensure that it adapts and reflects changes. If constitutional interpretation adheres to the Framer's Intent and remains rooted in the past, the Constitution would not be reflective of society and eventually fall into disuse. ''The "frozen concepts" reasoning runs contrary to one of the most fundamental principles of Canadian constitutional interpretation: that our Constitution is a living tree which, by way of progressive interpretation, accommodates and addresses the realities of modern life.'', December 2004 REFERENCES SEE ALSO |
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