Definition
The living Constitution is an interpretive approach that gives weight to evolving social practices, modern conditions, precedent, and the Constitution’s broad principles.
Political Dictionary
Living Constitution
The living Constitution approach views constitutional meaning as capable of applying to changing social conditions.
Why It Matters
It supports adaptation of constitutional guarantees to circumstances the framers could not have anticipated.
How It Works
Judges interpret broad constitutional language in light of precedent, contemporary realities, and enduring principles.
History
The approach developed through progressive legal thought and twentieth-century constitutional jurisprudence.
Example
A court may apply privacy or equality principles to modern technology or institutions.
Common Misconceptions
- The approach allows judges to ignore the text.
- It means the Constitution automatically changes without legal reasoning.
- Every non-originalist decision follows the same method.
Related Terms
Related Topics
See Also