Constitutions as Living Trees: An Idiot Defends

Posted: 14 Dec 2005


In this article, I defend Charters of Rights and the practices of judicial review to which they normally give rise against a number of objections one encounters in public and academic discourse, most notably in the work of Jeremy Waldron. In answering Waldron and his fellow critics, I develop a "living tree" or "common law" conception of Charters and show how it can be used successfully to answer their most powerful criticisms.

Keywords: constitutions, Waldron, judicial review

Suggested Citation

Waluchow, Wil, Constitutions as Living Trees: An Idiot Defends. Canadian Journal of Law and Jurisprudence, Forthcoming, Available at SSRN:

Wil Waluchow (Contact Author)

McMaster University ( email )

1280 Main Street West
Hamilton, Ontario L8S 4M4

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