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this post was submitted on 31 Oct 2023
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This is why it is bad that this is happening in the US.
You don't have the concept of the living tree doctrine in your body of law, or if you do, it's not particularly well developed. It's all about the writers intent down there.
Writers intent is sometimes enforced and sometimes not. Ammendments 4-8 are all about criminal rights so it's very clear that the founders were very concerned about people being accused/convicted of crimes, yet today you can't be searched without a warrant unless the cop doesn't like you can can come up with a lie saying he's sure you were doing something illegal.
Ehhh. Originalism is mostly a lie that conservatives tell when making up what they want a law to mean.
Yes, but it took until an old white British guy codified in the early 1930s for the living tree doctrine to be a thing.
And it was hard-coded in the Canadian Charter of Rights and Freedoms by Pierre Trudeau. It's the primary reason why the Canadian fight for marriage equality was so open and shut compared to what the US is still going through.