What we see is an awkward institutional mix, where new elements are layered on top of an old system that has yet to be adjusted for new social realities. (blog.politics.ox.ac.uk)
The Supreme Court has said that the living tree doctrine, which holds that our Constitution must be capable of evolving to meet new social realities, is «one of the most fundamental principles of Canadian constitutional interpretation» (See Reference Re Same Sex Marriage, at... (ruleoflaw.ca)
On the one hand, interpretation is always responsive to the situation, that is, commenting on the new social realities that are already established. (religion-online.org)