The living Constitution approach holds that constitutional interpretation should adapt to changing societal conditions, values, and understandings. Proponents argue the Constitution must be flexible to remain relevant and address modern challenges that the Framers could not have anticipated. This view supports broader interpretations of rights and powers to reflect contemporary notions of justice and equality.
The living Constitution theory underlies expansions of civil rights, privacy protections, and marriage equality in modern America.
People think living constitution means judges can do whatever they want. It still requires reasoned interpretation based on constitutional principles.
The living Constitution theory underlies expansions of civil rights, privacy protections, and marriage equality in modern America.
People think living constitution means judges can do whatever they want. It still requires reasoned interpretation based on constitutional principles.