Constitutional Interpretation and the Living Document Theory
Constitutional Interpretation and the Living Document Theory The United States Constitution, often regarded as the bedrock of American democracy, has been a subject of interpretation and debate since its inception. One of the key theories guiding constitutional interpretation is the Living Document Theory. This article explores the Living Document Theory, its historical evolution, and its implications for shaping the Constitution to meet the needs of a changing society. Understanding Constitutional Interpretation Constitutional interpretation is the process by which the meaning and intent of the Constitution’s provisions are determined. This process is essential for applying the Constitution’s principles to contemporary issues and legal disputes. The Living Document Theory Defined The Living Document Theory posits that the Constitution is not a static or fixed text, but rather a dynamic and adaptable one. It argues that the Constitution’s provisions should be interpret...