TRN305Y1 Lecture Notes - Lecture 4: Living Tree Doctrine, Originalism, Judicial Activism
Document Summary
The principles assist in the interpretation of the text and the delineation of spheres of jurisdiction, the scope of rights & obligations and the role of our political institutions. Equally important, observance of and respect for these principles is essential to the ongoing process of constitutional development and evolution of our constitution as a. Living tree ; to invoke the famous description in edwards v attorney-general for canada . Ongoing process describe principle of constitution. Constitution as a concept unlike fixed text. Explicit about this notion constitution should be understood in evolutionary perspective. Other constitutional structures in other countries (ex. Can be amended through formal processes but difficult. Originalism, textualism interpreted as original intention. Much more pragmatic understood as something that"s going to change. Language used have to accept that will change over time. As society"s ideas change, new issues arise, morals, etc. 2 extremes in how constitutional court can interpret constitution. Idea of living tree metaphor first comes from.
