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Routledge Handbook of Constitutional Law by Cheryl Saunders, Thomas Fleiner, Mark Tushnet

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37New technologies and constitutional law

Thomas Fetzer* and Christopher S. Yoo

37.1 Introduction

One of the most controversial issues among legal academics is the extent to which constitutional interpretation should adjust to reflect contemporary values. On the one hand, constitutions are often lauded for their relative insulation from contemporary politics and for their ability to embody fundamental commitments that do not change with the public opinion of the moment. On the other hand, proponents of a living constitution emphasize how much society’s moral commitments have changed over time and point out the difficulties that can arise if constitutional principles are not permitted to evolve in response.

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