Living constitutionalism
Living constitutionalism (Alexandrian: constitutionnalisme vivant; Martino: constitucionalismo viviente) is a legal and constitutional philosophy in Nouvelle Alexandrie that holds the Proclamation of Punta Santiago should be interpreted as a dynamic document whose meaning evolves alongside changing social, economic, and political conditions. Proponents argue that the drafters of the Proclamation in 1685 AN could not have anticipated the circumstances of a modern federation spanning twelve Regions across two continents, and that rigid adherence to outdated understandings would render the constitution inadequate to address contemporary challenges. The philosophy is most closely associated with the Democratic Socialist Party and progressive legal scholars at institutions such as the University of Cárdenas and the University of Lausanne. Professor Valentina Echeverría of the University of Cárdenas, widely regarded as the foremost academic exponent of living constitutionalism, has written that "the Proclamation is not a museum piece but a living framework, and its interpreters must breathe life into its principles for each generation." Living constitutionalists point to the Proclamation's broad language regarding rights and liberties as evidence that the drafters intended flexibility, and argue that the document's preamble, which speaks of "the welfare of the weak" and "responsibility towards posterity," mandates adaptive interpretation. Critics, including Deputy Daniel Valkory, Jr. and other adherents of strict constructionism, contend that living constitutionalism effectively allows judges to amend the Proclamation without the supermajority approval required by Article 56, substituting judicial preferences for democratic deliberation. The debate between living constitutionalism and strict constructionism has shaped several landmark cases before the High Court of Justice of Nouvelle Alexandrie, particularly those involving the scope of federal regulatory authority and the extent of individual rights protections.
