Constitution as a Living Document: An Analysis of Judicial Construction in Sri Lanka and India

Abstract

The constitution is the fundamental law of a state. Sometimes, the constitution necessitates evolution through judicial interpretation to respond to the contemporary needs of the society. Traditionally, originalists argue that the meaning of the constitutional provisions is fixed and that should be applied in its original form. Whereas, living constitutionalists oppose the originalist view and argue that constitutional law can and should evolve in response to changing circumstances and values. Constitutional interpretation during the last few decades has evidenced a gradual evolution of the meaning of the constitution as a living document in Sri Lanka. Nevertheless, there are some judgements ...