The compatibility of original meaning and constitutional evolution: An analysis of Living Originalism

Registration ID: IJNRD_309934

Published ID: IJNRD2510185

: Click Here to Get

Lejuri Darro

Originalism, Living Constitutionalism, Living Originalism

This paper has been undertaken to understand the doctrinal concept of Living Originalism developed by Professor Jack Balkin, an attempt to reconcile the two theories of constitutional interpretation i.e. Originalism and Living Constitutionalism. The enduring conflict between Originalism (fidelity to fixed historical meaning) and Living Constitutionalism (adaptation to evolving societal norms) poses the most significant theoretical challenge to judicial legitimacy in modern constitutional republics. This approach is uniquely suited to the challenges of the modern era, providing a principled method for Constitutional Redemption—upholding the document's highest ideals while addressing technological and social advances (e.g., the Indian Supreme Court's Puttaswamy judgment on the Right to Privacy). An examining of its implementation in the judiciaries of the United States and India has been done. The analysis contrasts Living Constitutionalism's central appeal—its ability to ensure the Constitution's adaptability and contemporary relevance—with its primary critique: the potential for unconstrained judicial discretion and the erosion of democratic legitimacy. The paper explores landmark judgments in both jurisdictions, demonstrating how courts utilize this approach to expand fundamental rights in alignment with evolving societal standards (e.g., US cases like Obergefell v Hodges and Indian judgments expanding Article 21).

Published Paper   E-Certificate

Lejuri Darro (October-2025). The compatibility of original meaning and constitutional evolution: An analysis of Living Originalism. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 10(10), b742-b746. https://ijnrd.org/papers/IJNRD2510185.pdf

Volume 10 Issue 10, October-2025

Pages : b742-b746

Paper Reg. ID: IJNRD_309934

Published Paper Id: IJNRD2510185

Downloads: 0009

Research Area: Others area

Author Type: Indian Author

Country: RAIPUR, CHATTISGARH, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2510185.pdf

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2510185

Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

UGC CARE JOURNAL PUBLICATION | ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Publisher: IJNRD (IJ Publication) Janvi Wave | IJNRD.ORG | IJNRD.COM | IJPUB.ORG

© 2025 — Authors hold the copyright of this article. This work is licensed under a Creative Commons Attribution 4.0 International License. and The Open Definition.

You are free to share, adapt, and redistribute the material, provided proper credit is given to the original author. 🛡️ Disclaimer: The content, data, and findings in this article are based on the authors’ research and have been peer-reviewed for academic purposes only. Readers are advised to verify all information before practical or commercial use. The journal and its editorial board are not liable for any errors, losses, or consequences arising from its use.

Call For Paper - Volume 10 | Issue 11 | November 2025

IJNRD is a Scholarly Open Access, Peer-Reviewed, Refereed, and UGC CARE Journal Publication with a High Impact Factor of 8.76 (calculated by Google Scholar & Semantic Scholar | AI-Powered Research Tool). It is a Multidisciplinary, Monthly, Low-Cost, and Transparent Peer Review Journal Publication that adheres to the UGC CARE 2025 Peer-Reviewed Journal Policy and aligns with Scopus Journal Publication standards to ensure the highest level of research quality and credibility.

IJNRD offers comprehensive Journal Publication Services including indexing in all major databases and metadata repositories, Digital Object Identifier (Crossref DOI) assignment for each published article with additional fees, citation generation tools, and full Open Access visibility to enhance global research reach and citation impact.

The INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (IJNRD) aims to advance applied, theoretical, and experimental research across diverse academic and professional fields. The journal promotes global knowledge exchange among researchers, developers, academicians, engineers, and practitioners, serving as a trusted platform for innovative, peer-reviewed journal publication and scientific collaboration.

Indexing Coverage: Google Scholar, SSRN, ResearcherID-Publons, Semantic Scholar (AI-Powered Research Tool), Microsoft Academic, Academia.edu, arXiv.org, ResearchGate, CiteSeerX, ResearcherID (Thomson Reuters), Mendeley, DocStoc, ISSUU, Scribd, and many other recognized academic repositories.

How to submit the paper?

By Our website

Click Here to Submit Paper Online

By Mail

Send your paper to editor@ijnrd.org

You can now publish your research in IJNRD. IJNRD is a Transparent Peer-Reviewed Open Access Journal Publication (Refereed Journal), aligning with New UGC and UGC CARE recommendations.

For more details, refer to the official notice: UGC Public Notice

Submit Paper Online

Important Dates for Current issue

Paper Submission Open For: November 2025

Current Issue: Volume 10 | Issue 11 | November 2025

Impact Factor: 8.76

Last Date for Paper Submission: Till 30-Nov-2025

Notification of Review Result: Within 1-2 Days after Submitting paper.

Publication of Paper: Within 01-02 Days after Submititng documents.

Frequency: Monthly (12 issue Annually).

Journal Type: IJNRD is an International Peer-reviewed, Refereed, and Open Access Journal with Transparent Peer Review as per the new UGC CARE 2025 guidelines, offering low-cost multidisciplinary publication with Crossref DOI and global indexing.

Subject Category: Research Area

Call for Paper: More Details

Approval, Licenses and Indexing: More Details