living tree doctrine
(Canada, law) A doctrine of constitutional interpretation according to which the constitution must be read in a broad and progressive way so as to adapt it to the changing times.
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(Canada, law) A doctrine of constitutional interpretation according to which the constitution must be read in a broad and progressive way so as to adapt it to the changing times.
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- 70%
(chiefly, US, law) the claim that the Constitution holds a dynamic meaning that evolves to new circumstances and should be understood in accordance with the needs and views of society.
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(chiefly, US, law) The legal philosophy that the Constitution should be read in a broad way that adapts to the changing times.
- 60%
(chiefly, US, law) a broad interpretation of the Constitution, especially one strays from literal, textualist meaning and adapts to evolving circumstances.
- 51%
(Canada, legal) Section 33 of Part I (Charter of Rights and Freedoms) of the Canadian Constitution Act (1982), which permits the creation of laws without regard for certain constitutional rights. Specifically, under section 33 the federal and provincial governments may enact laws "notwithstanding" section 2 (Fundamental Freedoms) and sections 7 through 15 (Legal and Equality Rights) of the Charter of Rights and Freedoms. Such laws may be in effect for up to five years and are renewable.
- 50%
(law, US) A doctrine stating that imported goods do not lose their character as imports until they have passed out of the importer's control or been broken up from their original packages.