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Living Tree Doctrine
In Canadian law, the living tree doctrine () is a doctrine of constitutional interpretation that says that a constitution is organic and must be read in a broad and progressive manner so as to adapt it to the changing times. Concept The living tree doctrine has been deeply entrenched into Canadian constitutional law since the seminal constitutional case of '' Edwards v Canada (Attorney General)'', also widely known as the ''Persons Case'', wherein Viscount Sankey stated in the 1929 decision: "The British North America Act planted in Canada a living tree capable of growth and expansion within its natural limits." This is known as the doctrine of progressive interpretation. 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 only to the framers' intent and remains rooted in the past, the Constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Law
The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous law systems developed by the various Indigenous Nations. The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The ''Constitution Act, 1867'' (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the '' Constitution Act, 1982'' ended all legislative ties to Britain, as well as adding a constitutional amending formula and the ''Canadian Charter of Rights and Freedoms''. The ''Charter'' guarantees basic rights and freedoms that usually cannot be over-ridden by any government—though a notwithstand ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Original Intent
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do. Approach Original intent maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they ''intended'' the statute to accomplish, the actual ''text'' of the legislation notwithstanding. As in purposivism, tools such as legislative history are often used. One example of original intent is in Freeman v. Quicken Loans Inc., 012 The plaintiffs took out mortgage loans from Quicken Loans. In 2008 they sued Quicken Loans arguing that that respondent had violated Real Estate Settlement Procedures Act (RESPA) Secti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional History Of Canada
The constitutional history of Canada begins with the 1763 Treaty of Paris, in which France ceded most of New France to Great Britain. Canada was the colony along the St Lawrence River, part of present-day Ontario and Quebec. Its government underwent many structural changes over the following century. In 1867 Canada became the name of the new federal Dominion extending ultimately from the Atlantic to the Pacific and the Arctic coasts. Canada obtained legislative autonomy from the United Kingdom in 1931, and had its constitution (including a new rights charter) patriated in 1982. Canada's constitution includes the amalgam of constitutional law spanning this history. Treaty of Paris (1763) On February 10, 1763, France ceded most of New France to Great Britain. The 1763 Treaty of Paris confirmed the cession of Canada, including all its dependencies, Acadia (Nova Scotia) and Cape Breton Island to Great Britain. A year before, France had secretly signed a treaty ceding Louisiana ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Living Constitution
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. Proponents view the constitution as developing alongside society's needs and provide a more malleable tool for governments. The idea is associated with views that contemporary society should be considered in the constitutional interpretation of phrases. The Constitution is referred to as the living law of the land as it is transformed according to necessities of the time and the situation. Some supporters of the living method of interpretation, such as professors Michael Kammen and Bruce Ackerman, refer to themselves as organicists. The arguments for the Living Constitution vary but can generally be broken into two categories. First, the pragmatist view contends that interpreting the Constitution in accordance with its original meaning or intent is sometimes unacceptable as a policy matter and so an evolving ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Living Instrument Doctrine
The living instrument doctrine is a method of judicial interpretation developed and used by the European Court of Human Rights to interpret the European Convention on Human Rights in light of present-day conditions. The doctrine was first articulated in '' Tyrer v. United Kingdom'' (1978), and has led both to different rulings on certain issues as well as evaluating the human rights implications of new technologies. Origin and development The living instrument doctrine has been used from the beginning by the European Court of Human Rights. It was first articulated during the case '' Tyrer v. United Kingdom'' (1978). In ''Tyrer'' the court rejected the argument that because people in the Isle of Man approved of judicial corporal punishment, such could not be a violation of Article 3 of the European Convention on Human Rights. The judgement stated that "The Court must also recall that the Convention is a living instrument which, as the Commission rightly stressed, must be interpreted ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention Of Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a supranational convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity. The convention established the European Court of Human Rights (generally referred to by the initials ECtHR). Any person who feels their rights have been violated under the convention by a state party can take a case to the court. Judgments finding violations are binding on the states concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the execut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brenda Hale, Baroness Hale Of Richmond
Brenda Marjorie Hale, Baroness Hale of Richmond, (born 31 January 1945), is a British judge who served as President of the Supreme Court of the United Kingdom from 2017 until her retirement in 2020. In 2004, she joined the House of Lords as a Lord of Appeal in Ordinary. She is the only woman to have been appointed to that position. She served as a Law Lord until 2009 when she, along with the other Law Lords, transferred to the new Supreme Court as a result of the Constitutional Reform Act 2005. She served as Deputy President of the Supreme Court from 2013 to 2017. On 5 September 2017, Lady Hale was appointed under the premiership of Theresa May Theresa Mary May, Baroness May of Maidenhead (; ; born 1 October 1956), is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served as Home Secretar ... to serve as President of the Supreme Court of the United Kingdom, President of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The United States
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Originalism
Originalism is a legal theory in the United States which 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. Instead, originalists argue for democratic modifications of laws through the legislature or through constitutional amendment. Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning. Critics of originalism often turn to the competing concept of the Living Constitution, which asserts that a constitution should evolve and be interpreted based on the context of current times. Originalism should not be confused with strict constructionism. Contemporary originalism emerged during the 1980s and greatly influenced American legal culture, practice, and academia. Over time, originalism becam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Living Constitution
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. Proponents view the constitution as developing alongside society's needs and provide a more malleable tool for governments. The idea is associated with views that contemporary society should be considered in the constitutional interpretation of phrases. The Constitution is referred to as the living law of the land as it is transformed according to necessities of the time and the situation. Some supporters of the living method of interpretation, such as professors Michael Kammen and Bruce Ackerman, refer to themselves as organicists. The arguments for the Living Constitution vary but can generally be broken into two categories. First, the pragmatist view contends that interpreting the Constitution in accordance with its original meaning or intent is sometimes unacceptable as a policy matter and so an evolving ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re B
Re or RE may refer to: Arts, media and entertainment * '' ...Re'', a 2016 Indian Kannada-language film * ''Realencyclopädie der classischen Altertumswissenschaft'', a German encyclopedia of classical scholarship * ''Resident Evil'', a horror game franchise Music * Re, the second syllable of the scale in solfège ** D (musical note) or Re, the second note of the musical scale in ''fixed do'' solfège * Re: (band), a musical duo based in Canada and the US Albums * ''Re'' (Café Tacuba album) * ''Re'' (Les Rita Mitsouko album) * '' Re.'', by Aya Ueto * ''Re:'' (EP), by Kard Language * ''re'' (interjection), in Greek * Re (kana) (れ and レ), Japanese syllables * ''In re'', Latin for 'in the matter of...' ** RE: and Re:, a standard email subject line prefix Organisations * Renew Europe, a political group in the European Parliament * Renovación Española, a former Spanish monarchist political party * Royal Engineers, a part of the British Army * Royal Society of Painter-Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
